Scrutiny v. State

By this petition under Article 226 of the Constitution India, Petitioner exception action Respondent No.5 cancelling admission granted Petitioner MBBS Degree Course in Topiwala National Medical College at Mumbai.

Tribe State The Petitioner claimed that he belongs to Meena recognised a Scheduled Tribe Maharashtra. The Petitioner relied certificate 26th December 2003 issued a Deputy Collector, Mumbai Suburban Region. In certificate stated Petitioner belongs Meena Tribe recognised Scheduled Tribe State Rajasthan. The Petitioner provisionally admitted

Degree course subject production MBBS verification certificate issued appropriate Scrutiny Committee. By 21st May 2005, Caste Scrutiny Committee declined verification certificate ground Petitioner a migrant State Maharashtra entitled derive benefit Scheduled Tribes State of Maharashtra. As a consequence passed Scrutiny Committee, Respondent No.5 passed 3 : ::: 3 : 3 : 19th August 2005 stating provisional admission granted Petitioner the MBBS Course stands cancelled. In petition, Petitioner challenged Caste Scrutiny Committee. Relying judgments Division Bench Court, submission Petitioner obtained admission practicing admission granted statement Petitioner. The submission Petitioner produced certificate issued Deputy Collector itself discloses Petitioner a migrant. The Petitioner submitted Court cases, admission should continued completed academic year. The learned Counsel Petitioner stated Petitioner undertakes benefit Scheduled Tribe future State Maharashtra Petitioner undertaking effect. learned A.G.P. submitted Petitioner granted admission, entitled admitted MBBS Course against a reserved Scheduled Tribe. He submitted a result, meritorious student belonging Scheduled category chance securing admission. Tribe He, therefore, submitted that the Petitioner is not entitled to any indulgence. The 4 : ::: 4 : 4 :

We have considered the submissions. It appears Petitioner produced Caste Certificate issued Deputy Collector, Mumbai, certified father Petitioner belongs Meena Tribe, recognised a Scheduled Tribe State Rajasthan. Thus securing admission, Petitioner entitled benefit State Maharashtra. earlier Writ Petition No.49 2005 In Petitioner, Court 17th January 2005 protected admission Petitioner Caste Scrutiny Committee decided claim. Reliance placed No.4407 a decision Court Writ Petition 2005 (Nilesh P.Vaghela v/s. State Maharashtra others) decided 22nd July

2005. a a student secured admission It B.Pharm. course certificate. In Scrutiny Committee Petitioner a migrant Gujarat State therefore entitled benefit Scheduled Caste State Maharashtra. This Court affirmed passed Caste Scrutiny Committee. While confirming the order of the Caste Scrutiny Committee, this Court passed the following order: "The learned Counsel submitted petitioner petitioner already completed one Academic year of B.Pharm and he 5 : ::: 5 : 5 : allowed continue studies subject furnished undertaking family members benefit Scheduled Caste future State Maharashtra. We inclined accept submission especially already completed petitioner B.Pharm course moreover admission cancelled stage. We direct respondent cancel petitioner’s admission continue course 2nd respondent subject petitioner a written undertaking benefit belonging Scheduled Caste future State Maharashtra. Petition is accordingly disposed of. " father college filing within Reliance placed a judgment 18th August 2005 passed Writ Petition No.371 2003 (Kum. Sneha Baruwan Kini v/s. State Maharashtra & ors.). This a a Petitioner Caste Certificate invalidated Scrutiny Committee secured admission medical course Caste Certificate invalidated. This Court while affirming the order of the Caste Scrutiny 6 : ::: 6 : 6 : Committee held thus: "2. It is then submitted by the learned Counsel petitioner petitioner already admitted medical college certificate invalidated studying years. Now required studies, nobody benefited. The vacated wasted remaining period. Nobody granted because course progressed years. Apparently evidence record malafides student herself. In circumstances, reason benefit continuing already allotted her. We, therefore, dispose petition maintaining invalidation, direct respondent continue petitioner medical course till she completes the M.B.B.S. examination. The petition accordingly disposed of. " In present challenge Scrutiny Committee. In present case, appears Petitioner 7 : ::: 7 : 7 : suppress a migrant State Rajasthan securing admission Medical course. In case, allegations Petitioner secured admission practicing fraud. The Petitioner admitted course academic 2004-5 admission cancelled 19th August

2005. It dispute occupied Petitioner cannot anybody waste. Therefore, reason we should not follow the course adopted by this Court in Writ Petition Nos.4407 of 2005 and 371 of 2003.

Hence the following order is passed: (i) Communication dated 19th August 2005 (Exh.A) is quashed and set aside. (ii) The Petitioner allowed continue studies MBBS degree course subject furnishing a written undertaking within a period future Petitioner benefit Scheduled Tribe the State of Maharashtra for any purpose whatsoever. 8 : ::: 8 : 8 : (iii) If petitioner undertaking before Court, cancellation of admission of the petitioner will stand. (iv) The parties to act on an authenticated copy of this order. (Smt. Ranjana Desai, J.) (Abhay S.Oka, J.)