Yogesh Ramchandra Naikwadi vs State Of Maharashtra & Ors

2. The appellant sought admission to Engineering course claiming the benefit of reservation alleging that he belonged to 'Mahadeo Koli' - a scheduled tribe. The Scrutiny Committee which verified the validity of his caste certificate, made an order dated 29.3.1995 rejecting his claim that he belonged to a Scheduled Tribe. The appellant challenged the order of the scrutiny committee in W.P. No.2667/1995. In the said petition, the Bombay High Court issued an interim order directing the third respondent (Director of Technical Education, State of Maharashtra) to accept the application of Appellant for admission to BE course and process the same and give admission by treating him as a candidate belonging to a scheduled tribe, with a condition that the admission, if granted, will be provisional and subject to the final decision. In pursuance of it, the appellant was admitted to the BE course by extending the benefit of reservation under the quota for Scheduled Tribes. Eventually he completed the Engineering course and was conferred a degree by the University of Pune on 31.3.2004.

7. We may therefore examine the facts of this case to decide whether the appellant should be given any benefit and if so whether they should be similar to relief granted in Milind and Vishwanatha Pillai. As the caste claim of the appellant had been rejected by the Scrutiny Committee even before admission, this case stands on a different footing. But in this case though the scrutiny committee had rejected the appellant's claim even prior to his admission to the professional course, the High Court by order dated 22.6.1995 had directed the Director of Technical Education to accept the admission form of appellant without insisting upon the validation of caste and to process the same as if appellant belonged to Scheduled Tribe, making it clear that admission if any made was provisional, and if the appellant failed in his petition he will not be entitled to the benefit of degree he may obtain. As observed in Milind, if the appellant's admission or degree is to be annulled, it is to nobody's benefit as his seat cannot be offered to someone else. There is also no allegation that appellant forged or faked the caste certificate. His admission to engineering course was nearly thirteen years back and he secured the degree more than four years back. We are therefore of the view that the appellant herein should be permitted to retain the benefit of the degree but subject to terms. The first is that he shall not claim or seek any further benefit by claiming to belong to a scheduled Tribe. The second is that if the State has spent or incurred any expenditure on the appellant's professional degree education by extending the benefit of exemption from payment of fee or award of scholarship or by extending the benefit of concession in fee (that is less than what is charged to general category students) by treating him as a Scheduled Tribe candidate, the appellant cannot retain such financial benefits. The third Respondent may, on behalf of the State Government, take appropriate steps to enquire and assess the amount, if any spent on the appellant either towards fee, scholarship or by way of concession in fee and make a demand on appellant for payment thereof. If the appellant fails to pay the amount so found due within six months of the demand by the third Respondent, the third Respondent may take steps for recalling the degree granted to the appellant. If no amount is found to be due or if the amount determined and demanded is paid by appellant, he may be permitted to retain the degree obtained by him.

8. The appeal is accordingly allowed in part, deleting the direction of the High Court to the third respondent to take steps to recall the degree awarded to the appellant.