In a petition seeking challenge to the invalidation of his caste certificate, petitioner undertook not to claim OBC benefits. Court issued degree, marks, and fee adjustments.
University to issue degree and marks memo; College to return documents upon payment of fee difference.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
wp6644.16.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6644 OF 2016
Sandeep s/o Pralhadrao Hublikar
Petitioner
Versus
The State of Maharashtra & others
Respondents
Mr. G.D. Kale, advocate for the petitioner Mr. S.S. Dande, A.G.P. for Respondents 1 & 2. Mr. R.B. Narwade, advocate for Respondent no. 3. Mr. Y.V. Kakade, advocate for Respondent no. 4.
CORAM : R.M.BORDE &
K.K.SONAWANE, JJ. DATE : 24th October, 2016
PER COURT:
1 Petitioner claims to belong to “Kshatriya/Patkar” caste, which is included in Other Backward Class category.
2 Petitioner was admitted in Respondent No.3College and pursuing Degree Course in Engineering as against a seat reserved for Other Backward Class category. The caste certificate issued in favour of the petitioner was referred to the Scrutiny Committee for verification. However, the Scrutiny Committee, after conducting necessary inquiry, by an order dated 15.10.2015, invalidated the caste certificate issued in favour of the petitioner.
3 The petitioner is not serious about raising challenge to the adverse order passed by the Scrutiny Committee and accepts said decision as final and conclusive one.
4 The petitioner has also tendered an undertaking to this Court assuring not to claim any benefits available to the Other Backward
{2}
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Class category in the matter of education, employment or for any other purposes. The undertaking duly signed by the petitioner is taken on record and marked “X” for identification.
5 Since the petitioner has completed Degree course in engineering, it would not be feasible to withhold benefits accruable to the petitioner pursuant to acquisition of educational qualification by him. Learned Counsel for the petitioner informs that as a result of failure to submit validity certificate, Respondent No.4University has refused to issue degree certificate and marks memo to the petitioner.
6 Respondent No.4University is directed to issue degree certificate and marks memo to the petitioner forthwith. If Respondent No.4University has not declared result of the petitioner, same shall be declared forthwith. The petitioner undertakes to pay difference in the amount of fees payable by an open category student. Learned Counsel for the petitioner, on instructions, states that the petitioner has paid the fees as applicable to the reserved category student and is willing to pay the difference in fees, which is liable to be paid as an open category candidate. On payment of difference in fees, Respondent No.3College is directed to return all the original documents to the petitioner.
7 With the directions as above, writ petition stands disposed
of.
K.K.SONAWANE
R.M.BORDE
JUDGE JUDGE
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2 issues framed by the court
Whether a petitioner whose caste certificate was invalidated by a Scrutiny Committee can be granted reservation benefits.
Whether a petitioner who obtained EBC status by fraud or incorrect information is entitled to educational and other reservations.
Sandeep s/o Pralhadrao Hublikar
The State of Maharashtra
Respondents 1 & 2
Respondent no. 3 (College)
Respondent no. 4 (University)
R.M. Borde
K.K. Sonawane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
