Bombay High Court
Swapnil S/O Bhagwan Mahadule vs State Of Maharashtra, Thr. The ... on 1 February, 2019
Author: Sunil B. Shukre
Bench: Sunil B. Shukre, S. M. Modak
1 jg.wp 7086.18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
Writ Petition No. 7086 of 2018
Petitioner : Swapnil S/o Bhagwan Mahadule,
Aged about : 21 years, Occ : Student,
R/o Bhojapur, Tah. : Ramtek,
Distt : Nagpur.
// Versus //
Respondents :- (1) The State of Maharashtra
through the Secretary
Department of Higher and
technical education
Mantralaya, Mumbai.
(2) Rashtrasant Tukdoji Maharaja
University through its Chancellor,
Civil lines, Nagpur.
(3) Kavi Kulguru Institute of Engineering
and Technology, Ramtek through its
Principal.
(4) District Caste Certificate Scrutiny
Committee Nagpur through its
Member Secretary
Dr. Ambedkar Samajik Nyay Bhawan,
2nd floor, Wing B, Shraddhanand peth,
Deekshabhomi road, Nagpur.
Shri S. D. Harode, Advocate for the petitioner
Smt. M. H. Deshmukh, Assistant Government Pleader for the respondent
nos. 1 and 4
Shri P. B. Patil, Advocate for the respondent no. 2
CORAM : SUNIL B. SHUKRE AND
S. M. MODAK, JJ.
DATE : 1-2-2019.
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2 jg.wp 7086.18.odt
ORAL JUDGMENT (Per : SUNIL B. SHUKRE, J.)
Heard.
2. Rule. Rule made returnable forthwith. Heard finally by consent.
3. The petitioner is a student studying in 4 th year of Bachelor of Engineering course. He claims that he belongs to "Kirad" community which is according to him is a Nomadic Tribe (B) categorized in the list of Other Backward Class at serial no. 25 (Bhoi). Nomadic Tribe (Bhoi), according to the petitioner has been shown to be having sub-tribes and one of the sub-tribes is "Kirat/Kirad" included in item no. 8 at serial no. 25. This claim is made by the petitioner on the basis of corrigendum dated 6-3-2013 issued by the Section Officer of the Social Justice Department, Mantralaya, Mumbai. The corrigendum prescribes that at item no. 8 of serial no. 25 which categorizes "Bhoi" community in the list of Other Backward Class, the word "Kirat" be substituted by the words "Kirat/Kirad".
4. Learned Assistant Government Pleader for the respondent nos. 1 and 4 submits that the correctness of the corrigendum dated .....3/-
::: Uploaded on - 05/02/2019 ::: Downloaded on - 15/03/2019 14:08:38 ::: 3 jg.wp 7086.18.odt 6-3-2013 has been disputed not only by the Committee but also by the State Government itself and, therefore, in order to settle the issue, the State government on the request of Scrutiny Committee has sought clarification from the Maharashtra State Backward Class Commission. It is further submitted that the clarification is yet to be received by the State Government. It is also stated that reminders have been issued to the Maharashtra State Backward Class Commission for rendering the clarification as several petitions are pending before the High Court and various students and other persons are suffering for want of validity certificates granted by different Scrutiny Committees, but the Maharashtra State Backward Class Commission has not responded in any manner. A reply filed on behalf of the State Government sums up these submissions.
5. Shri Patil, learned counsel for the respondent no. 2 submits that considering the doubts expressed over the correctness of the corrigendum, the clarification of the Maharashtra State Backward Class Commission seems necessary in the matter.
6. Nobody appears for the respondent no. 3 - Engineering College.
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7. As stated earlier, the petitioner is a student pursuing his engineering course and presently, he is in 4 th year of the course. The petitioner submitted on-line examination form for appearing at the 8 th Semester Examination of the course but the submission of the form was blocked because of the validity certificate not having been granted to the petitioner. At the time of 7 th Semester examination also, same thing had happened and the petitioner was allowed to take 7 th Semester Examination by intervention of this Court. Two questions arise in the pressing circumstances indicated just now, are for how long such intervention would have to be made by this Court and second is for how long the respondent no. 4 Committee should defer it's decision pending clarification of Backward Class Commission ?
8. The answer to the first question posed by us must be clear to everybody. No Court is expected to wait for unreasonably longer period of time to decide the issue because of inaction of other stakeholder or the State Government or the Commission appointed by it. If this authority in the present case, the Maharashtra State Backward Class Commission after giving reasonable opportunity, does not decide the issue, sufferer is the person who has raised the claim of belonging to a scheduled or backward class or tribe and the ultimate sufferer is the cause of justice. Here, in this case, the education of the petitioner is getting hampered .....5/-
::: Uploaded on - 05/02/2019 ::: Downloaded on - 15/03/2019 14:08:38 ::: 5 jg.wp 7086.18.odt and the petitioner is feeling disturbed and unable to concentrate on his studies only because of the inaction of concerned authorities. In these circumstances, this Court cannot choose to be a mute spectator and, therefore, we are of the view that the matter must be decided finally now by issuing appropriate directions to the respondent no. 4 - committee. The first question is answered accordingly.
9. As regards the second question, for the present, we do not think it appropriate to express our opinion as it is for the Committee to first make an attempt to answer it. But, a more fundamental issue that emerges here is about the power and authority of a Scrutiny Committee to question the correctness of the decision of the State Government which appoints it. At this juncture, we do not think it proper to deal with the fundamental aspect of the second question as again it is for the State Government first to consider it appropriately. So, we would only hope that the State Government gives its due consideration to such moves as are made by the Scrutiny Committee and take such steps as deemed fit in the matter. This appears to be necessary if some other contingency that may emerge in future is to be ruled out. In other words, it is possible that in future a particular scrutiny committee may think it appropriate to also question the correctness of the constitutional order categorizing a particular community to be a Scheduled Caste or Scheduled Tribe.
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10. In this view of the matter and also because prayers made are limited in nature, we are inclined to allow this petition.
11. The petition is allowed. The respondent no. 4 Scrutiny Committee is directed to decide the caste/tribe claim of the petitioner as expeditiously as possible and in any case, within period of eight weeks from the date of receipt of this order by taking into consideration the corrigendum if it remains there owing to the non-receipt of the clarification from the Maharashtra State Backward Class Commission within stipulated period of time or by considering the clarification of the Maharashtra State Backward Class Commission if received within the stipulated period of time, as the case may be.
12. The respondent no. 2 - University is directed to allow the petitioner to appear at the 8 th Semester Examination of the 4 th year course of Bachelor of Engineering without charging any penalty from the petitioner.
13. Rule is made absolute in above terms.
14. Civil Application No. 294 of 2019 is disposed of in above terms.
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15. Hamdast for serving copy of order on respondent no. 4- Committee is granted.
JUDGE JUDGE
wasnik
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