1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.S. 4871, 4873, 4740 AND 4797 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 4871 OF 2011 Supriya Gokul Sonawane, Age: 18 years, Occu.: Education, R/o: 761/15, Kolhe Nagar (West), Jalgaon. ... PETITIONER. VERSUS 1. The State of Maharashtra, Through its Principal Secretary, Medical Education and Drugs Department, Mantralaya, Mumbai. 2. The Director of Medical Education and Research, CET Cell, Opp. Govt. Dental College and Hospital Building, Saint George Hospital Compound, Near CST Railway Station Mumbai 400 001. 3. The Dean, Government Medical College, Aurangabad. 4. Scheduled Tribe Certificate Scrutiny Committee, Nandurbar, Tq. & Dist. Nandurbar. (Copies to be served upon Standing Counsel, High Court Bench at Aurangabad). ... RESPONDENTS. *** Mr. Bagul D.S., Advocate for Petitioner. Mr. V. H. Dighe, A.G.P. for Respondent/ State Authorities. Mr. R. P. Phatake, Advocate for Respondent No.4. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.S. 4871, 4873, 4740 AND 4797 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. *** WRIT PETITION NO.: 4873 OF 2011 Sonali S/o Chandrasen Kamble, Age: 19 years, Occu.: Student, R/o at Post Jiwachiwadi, Tq. Kaij, Dist. Beed. ... PETITIONER. VERSUS 1. The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya Mumbai. 2. The Scheduled Tribe, Caste Certificate Scrutiny Committee, Through its Member Secretary, Kashmira Bhavan, Near Employment Exchange, Aurangabad. 3. The Directorate of Medical Education & Research, CET Cell, Opp. Govt. Dental College & Hospital, Building, St. George's Hospital Compound, Near CST Railway Station, Mumbai - 400 001. 4. The Govt. Medical College, Through its Dean, Medical College, Aurangabad. ... RESPONDENTS *** Mr. Bayas Anandsing, Advocate for Petitioner. Mr. V. D. Godbharle, A.G.P. for Respondent/ 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.S. 4871, 4873, 4740 AND 4797 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. State Authorities. Mr. R. P. Phatake, Advocate for Respondent No.2. *** WRIT PETITION NO.: 4740 OF 2011 *** Ku.Rashmi d/o Sunil Thakur, Age: 20 years, Occu.: Students, R/o 26-A, Hari Sankalp Apartment, Prestige Park, B/h Bytco College, Chouhan Mala, Nashik Road, Nashik. ... PETITIONER. VERSUS 1. The State of Maharashtra Through its Secretary, Medical Education & Drgus Department, Mantralaya, Mumbai-32. 2. The Director of Medical Education and Research, CET Cell, Government Dental College and Hospital Building, St. George's Hospital Compound, Near CST Railway Station, Mumbai. 3. The Committee for Scheduled Tribe Certificate Scrutiny and Verification of Tribe Claim, Nandurbar Region, Nandurbar. 4. The Maharashtra University of Health Science, Gangapur Road, Nashik. Through its Registrar. ... RESPONDENTS 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.S. 4871, 4873, 4740 AND 4797 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. *** Mr. Barlinge S.R., Advocate for Petitioner. Mr. K. M. Suryawanshi, A.G.P. for Respondent/ State Authorities. Mr. R. P. Phatake, Advocate for Respondent No.3. Mr. K. D. Bade Patil, Advocate for Respondent No.4. *** WRIT PETITION NO.: 4797 OF 2011 *** Harshal S/o Motilal Thakur, Age: 19 years, Occu.: Education, R/o, Lasur, Tq. Chopda, Dist. Jalgaon. At present R/o New Sanjivini Housing Society, RM-73/8, Bajaj Nagar, MIDC, Waluj, Aurangabad, Tq. & Dist. Aurangabad. ... PETITIONER. VERSUS 1. The State of Maharashtra. Through Principal Secretary, Tribal Development Department, Mantralaya, Mumbai-32. 2. Director of Medical Education & Research, CET Cell, Opp. Government Dental College & Hospital Building, St. George's Hospital Compound, Near CST Railway Station, Mumbai - 400 001. 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.S. 4871, 4873, 4740 AND 4797 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 3. Government Medical College, Aurangabad. Through its Dean. 4. Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Through its Member Secretary. ... RESPONDENTS *** Mr. M. S. Deshmukh, Advocate for the Petitioner. Mr. K. M. Suryawanshi, A.G.P. for Respondent/ State Authorities. Mr. R. P. Phatake, Advocate for Respondent No.4. *** CORAM: D. B. BHOSALE * S. B. DESHMUKH, JJ. DATE: JULY 07, 2011. ORAL JUDGMENT: 1. Heard learned counsel for the parties. 2. Rule, made returnable forthwith, heard finally with consent of the parties. 3. In these four writ petitions, challenge raised and questions involved are similar and hence we are disposing of these petitions by common order. 6 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.S. 4871, 4873, 4740 AND 4797 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 4. The prayers made in all the writ petitions are similar. We are quoting the relevant prayers, for the sake of convenience and to understand the challenge in these writ petitions better. The relevant prayers, in writ petition No.4871 of 2011, read thus: B) By way of appropriate writ, order or direction in the like nature, the impugned clause 9 of the Information Brochure of preference system for admission to Health Science Courses MHT-CET-2010, may kindly be quashed and set aside. C) By way of appropriate writ, order or direction in the like nature, the Respondent Nos.1 to 3 and their subordinate officers or any other appropriate authority may please be directed to accept to the Preference Form for admission to Health Science Courses MHT-CET-2011 subject to the result of scrutiny committee. D) By way of appropriate writ, 7 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.S. 4871, 4873, 4740 AND 4797 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. order or direction in the like nature, the Respondent No.4 may please be directed to decide the caste claim of the petitioners pending in the file of Respondent No. 4. 5. All the petitioners claim that they belong to S.T. category. They have stated in the petitions that they have submitted their tribe certificates for validity of their tribe claim through Junior Colleges within the stipulated time and that their applications/ proposals are pending before the Respondent Scrutiny Committee for decision. 6. The petitioners state that in view of clause 9 of the brochure, their preference forms for admission to the Health Science Courses from S.T. category will not be accepted. The petitioners have, therefore, 8 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.S. 4871, 4873, 4740 AND 4797 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. approached this Court by way of these petitions, challenging clause 9 of the brochure, contending that an artificial discrimination has been made between the students belonging to scheduled tribe category and the students belonging to other reserved categories namely S.C., VJ/DT (A), NT-B, NT-C, NT-D and OBC. The relevant portion of clause 9 reads, thus: "The Caste Validity Certificate: The candidates belonging to the ST category will be required to submit the Caste Validity Certificate at the time of submitting the preference form, failing which the category claimed will not be granted and the candidate will be treated as a general candidate. The candidates belonging to the 9 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.S. 4871, 4873, 4740 AND 4797 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. following Backward class categories i.e. SC, VJ/DT(A), NT-B, NT-C, NT-D, OBC will be required to submit the Caste Validity Certificate at the time of submitting the preference form. However, in case the certificate is not issued by the authorities till the date of submission of preference form, and the candidate is in possession of proof of application for validity of caste submitted to his/ her school/ Jr. College by 30th May, 2011, as per G.R. No. CBC10/2011/CR25/MNVK 5 dated 2nd May, 2011 he/ she will be allowed to fill the preference form. All such candidates will have to submit an undertaking as per the Proforma given in this brochure on Rs.50/- stamp paper. Admission secured by an 10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.S. 4871, 4873, 4740 AND 4797 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. applicant with pending claim shall stand canceled if the said claim is invalidated by the scrutiny committee." 7. From bare perusal of the clause 9, it is apparent that insofar as candidates belonging to the Scheduled Tribe category are concerned they are required to submit the caste validity certificate at the time of submitting the preference form, failing which their category claim would not be granted and the candidates would be treated as general candidate. Insofar as the candidates belonging to backward class categories are concerned, though such clause is there, in their case, it is further mentioned that if the caste validity certificate is not issued by the authorities till the date of submission of preference form, and the 11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.S. 4871, 4873, 4740 AND 4797 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. candidate is in possession of proof of application for validity of caste submitted, by 30th May, 2011 the candidate will be allowed to fill in the preference form and such candidate would have to submit an undertaking as per the proforma given in the brochure on stamp paper with further rider that admission secured by such applicant shall stand cancelled if the caste claim is invalidated by the scrutiny committee. 8. This Court is informed clause 9 is there in the brochure since last 3-4 years and every year petitions are filed in this Court challenging the same on the ground of discrimination and that this Court issue directions to the Respondents to accept their preference form as if they belong to scheduled tribe without caste validity certificate issued by the concerned scrutiny committee with an undertaking, as mentioned 12 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.S. 4871, 4873, 4740 AND 4797 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. in the second part of clause 9. One of such order dated 24th June, 2010 passed by this Court in Writ Petition NO.5358 of 2010 is placed before this Court. The relevant part of the said order reads thus: "2. We have heard Shri A.S.Golegaonkar, learned counsel for the petitioner and learned counsel for Respondents in respect of the interim relief. It is pointed out to us that an artificial discrimination has been made between the students belonging to Scheduled Tribe category and the other students. The students belonging to the other categories have been permitted to furnish an undertaking that they would submit the validity certificate subsequently while in case of scheduled tribe category students the aforesaid concession has been denied. It is urged before us that the rule insofar as it creates a classification excluding the scheduled tribe students from the benefit of 13 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.S. 4871, 4873, 4740 AND 4797 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. submitting the undertaking is violative of Article 14 of the Constitution of India. 3. We find that the petitioner has made out an arguable case in respect of the validity of the Rules. If no interim order is granted to the petitioner at this stage, it is likely that the petitioner would not get admission in the professional course and stands to lose one full academic year. In that light of the matter, therefore, we direct the respondents to consider the petitioner as eligible for admission as per the merit without insisting on the production of a validity certificate. 4. We further direct the respondents to accept application form of the petitioner as an eligible candidate. 5. Mr. Brahme, learned counsel on behalf of respondent No.3 undertakes to communicate this order to the concerned respondent." 14 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.S. 4871, 4873, 4740 AND 4797 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 9. Since the validity of clause 9 is under challenge in several petitions pending in this Court, learned counsel for the petitioners fairly submitted that they would not press the prayer clause whereby they have challenged validity of clause 9 on the ground of discrimination and they submitted that the petitioners would be satisfied if the respondents are directed to accept their preference forms treating them as candidates belonging to Scheduled Tribe subject to the condition that they shall submit caste validity certificate immediately after it is issued by the Respondent scrutiny committee. Having considered the submissions of learned counsel for the parties, the challenge raised in the writ petitions and the order dated 24th June, 2010 in Writ Petition NO.5358 of 2010 we dispose of these writ petitions by 15 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.S. 4871, 4873, 4740 AND 4797 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. the following order: (a) The Respondents are directed to accept the petitioners preference forms from S.T. category if they produce proof of application for validity of caste, submitted to the scrutiny committee through their junior college before 30th of May, 2011 as per the Government Resolution dated 2nd May, 2011. It is needless to mention that the petitioners will be entitled for admission on the seats reserved for Scheduled Tribe category, only if they satisfy other eligible criteria for admission to Health Science Courses. (b) The petitioners are directed to submit undertakings as per the proforma given in the brochure on Rs.50/- stamp paper. (c) Further, the petitioners are directed to file undertaking in this Court, within a period of four weeks from today with an 16 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.S. 4871, 4873, 4740 AND 4797 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. advance copy thereof to the Advocates for the Respondents, stating that they will submit caste validity certificates, issued by the scrutiny committee within a period of one year from today to the concerned authority and if they failed to do so they will not appear for the first year annual examination conducted by the Maharashtra University of Health Sciences. However, it is made clear that if, for any reason, the Scrutiny Committee finds it difficult to decide the claim within the stipulated time the Member Secretary of the Scrutiny Committee shall issue letter stating the reasons for delay, addressed to the concerned authority, to enable the petitioners to seek permission to appear for first year annual examination. The concerned authorities to act on the letters issued by the Member Secretary of the Scrutiny Committee and allow the petitioners 17 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.S. 4871, 4873, 4740 AND 4797 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. to appear for the first year annual examination. However, we observe that under any circumstances the Scrutiny Committee shall decide the petitioners claim before results of the first year annual examination are declared. (d) All the petitioners are directed to appear before the Respondent Scrutiny Committee, along with copy of this order and all relevant documents in support of their claim on 25th of July, 2011 at 11.00 a.m. The Scrutiny Committee shall endeavor to decide the petitioners' tribe claims as expeditiously as possible and preferably before the end of March, 2012. (e) We hope that the petitioners shall cooperate for deciding their tribe claims within the stipulated time and shall not seek adjournments on frivolous grounds. (f) This order shall not create any equity 18 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.S. 4871, 4873, 4740 AND 4797 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. in favour of the petitioners. 9. Before parting, we observe that the Respondents may consider to modify/ amend clause 9 in the light of the orders passed by this Court from time to time before commencement of the next academic year. Learned counsel appearing for all the parties are directed to forward copies of this order to concerned authorities. 10. Rule is disposed of in terms of this order. No costs. 11. Authentic copy of this order is permitted to all the parties as per usual procedure. [S. B. DESHMUKH, J.] [D. B. BHOSALE, J.] Dated:07/07/2011. ans/4871 19 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.S. 4871, 4873, 4740 AND 4797 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 4871,4873,4740 & 4797 OF 2011 Date of decision: 7th JULY, 2011. For approval and signature THE HONOURABLE SHRI JUSTICE D. B. BHOSALE THE HONOURABLE SHRI JUSTICE S. B. DESHMUKH. Whether Reporters of local papers ... Yes may be allowed to see the judgment? To be referred to the Reporter or not? ... No Whether Their Lordships wish to see ... No fair copy of the judgment? Whether this case involves a substantial... No question of law as to the interpretation of the Constitution of India, 1950, or any order made thereunder? Whether it is to be circulated to the ... No Civil Judges? Whether the case involves an important ... No question of law and whether a copy of the judgment should be sent to Nagpur, Goa and Bombay offices? [G. F. ANSARI] PRIVATE SECRETARY TO THE HONOURABLE JUDGE