Bombay High Court
Kinjal Vasantrai Sangani And Ors. vs State Of Maharashtra And Ors. on 31 July, 2002
Equivalent citations: 2003(1)BOMCR284
Author: D.B. Bhosale
Bench: S. Radhakrishnan, D.B. Bhosale
JUDGMENT D.B. Bhosale, J.
1. All the twenty-four writ petitions involve similar facts and common issues and, therefore, are being disposed of by this common judgment. In these writ petitions, the petitioners are seeking directions to the respondent No. 2 to consider them for admission to the courses in Health Sciences in the reserved categories such as Scheduled Caste, Nomadic Tribe, Other Backward Class, Vimukta Jati etc. and not in the open merit category. Except last five writ petitions bearing lodging Nos. 1634, 1644, 1645, 1646 and 1647 of 2002, in all other petitions, we had issued rule and passed interim orders in terms of prayer Clause (a), thereby directing the respondent No. 2-Director of Medical Education and Research (for short DMER) to consider the petitioners for admission to the courses in Health Sciences in the reserved category, which each of the petitioners has claimed in his/her respective writ petitions, and not in the open merit category. Prayer Clause (a) is identical in all the writ petitions.
2. The interim orders in nineteen writ petitions were obtained in quick succession between 6th June, 2002 and 28th June, 2002. However, when the last five petitions were moved for urgent orders on 3rd July, 2002, by Mr. Govilkar, learned Counsel for the petitioners, Ms. Shah, learned A.G.P. for the State brought to our notice a very shocking state of affairs whereby a large number of students appeared to have produced totally fabricated and bogus caste validity certificates.
3. Under these circumstances, we had directed Mr. T.V. Patil, Divisional Social Welfare Officer, Mumbai Division, to file an affidavit by 11th July, 2002, indicating the extent of fabrication and forgery etc. pertaining to all 24 writ petitions and to keep all the records available in Court. It was also brought to our notice that after obtaining the orders from this Court, most of the petitioners had secured admissions in various Medical Colleges based on the bogus Caste Validity Certificates (for short CVCs) annexed to the writ petitions as Exhibit-B. We, therefore, had directed the Director of Medical Education and Research to forthwith inform all the concerned colleges wherein the petitioners had secured admissions and to immediately seize the CVCs or xerox copies thereof furnished by the petitioners and take charge of these documents. All the petitioners were also directed to remain present in the Court on the next date of hearing, i.e. 11th July, 2002 along with whatever documents they may possess.
4. We were informed that only a very few parents and students were present in the Court on 11th July, 2002. We were also informed that the Director of Medical Education and Research has taken charge of all the original CVCs and the xerox copies as well as Caste Certificates produced by the concerned petitioners before the respective colleges and DMER and that they are kept in separate sealed covers. The Divisional Social Welfare Officer (for short DSWO) has filed an affidavit dated 11th July, 2002. On a perusal of the affidavit of T.V. Patil, Divisional Social Welfare Officer, various records produced by him and after hearing the parties we were prima facie satisfied that there was a large scale fabrication and forgery in all the aforesaid 24 writ petitions, hence we had called upon all the petitioners to show-cause as to why our earlier orders whereby the writ petitions were admitted and the petitioners were allowed to appear before the DMER for the purpose of selection in M.B.B.S. and B.D.S. courses, should not be recalled and further why the admissions granted to the petitioners in the respective courses should not be cancelled. We had also directed the Divisional Social Welfare Officer to file a detailed affidavit in each of the writ petitions furnishing all the relevant details and the hearing of the writ petitions was adjourned to 18th July, 2002. We had also made it clear to the learned Counsel for the parties that the writ petitions would be heard and disposed of finally on the next date of hearing and accordingly by consent taken up for final hearing.
5. We have accordingly heard the learned Counsel appearing for the parties at length, perused the writ petitions and the reply affidavits filed by the respondents and the records and documents produced by the Divisional Social Welfare Officer pertaining to the CVCs and Caste Certificates of all the petitioners.
6. The common factors, we noticed, in these writ petitions are that except the last five writ petitions, bearing lodging Nos. 1634, 1644, 1645 1646 and 1647 of 2002, all other petitions were filed and interim orders were obtained and the petitioners were interviewed by the DMER on different dates starting from the second week of June 2002 for admission. In so far as Writ Petition (L) No. 1634 of 2002 filed by Minal Choudhary is concerned, the petitioner has approached this Court after her interview was held in which her claim for admission was considered in the open merit and not in the reserved category. Secondly, none of the petitioners in the application form for the Common Entrance Test (CET) had opted for and mentioned that they belong to reserved category. In other words, the petitioners had applied for admission in the open merit category. Thirdly, all the petitioners had obtained CVCs after Common Entrance Test conducted by the DMER. Fourthly, the CVCs annexed as Exhibit-B to the petitions were issued by the Caste Certificate Scrutiny Committee, Mumbai Division, Mumbai, Maharashtra State and lastly, the CVCs at Exhibit-B were issued in the months of May or June 2002.
7. The facts which are material and necessary for consideration of the controversy raised are as follows. The petitioners claim that they belong to different castes which are recognised as reserved categories, such as Scheduled Caste, Other Backward Class, Nomadic Tribe and Vimukta Jati etc. and that they are all entitled to the constitutional reservations in the courses in Health Sciences. All the petitioners have passed Higher Secondary Certificate Examination held in February 2002. Thereafter, they had appeared for Common Entrance Test, which is known as MH-CET 2002, held on 25th April, 2002. They all passed CET and their names figured at different serial numbers in the State and Regionwise merit lists. There is no dispute that the names of the petitioners were shown in the open category merit list. Some of the petitioners, therefore, have come out with a case that while filling CET application form, since there was a heavy rush, by mistake, they ticked as "open" instead of marking their reserved category. Some of the petitioners have contended that their colleges, which are respondent No. 3 in the writ petitions, did not allow them to mention their caste while filling up CET application form on the ground that they did not mention their caste recognised as reserved category while taking admission in XI standard in the college. In short, in the column provided in the CET application for indicating the category, viz. "open" or "S.C.", "O.B.C.", "N.T." etc. the petitioners had opted for "open" merit category. In view thereof, the petitioners have expressed an apprehension in their respective writ petitions that DMER would not consider them in the reserved category for the interview which were scheduled on different dates as per the advertisement dated 4th June, 2002, though they all claimed that they belonged to reserved category and that they posses the requisite Caste Validity Certificate. This Court, therefore, after hearing the learned Counsel appearing for the petitioners in 19 writ petitions, as stated earlier, had admitted the petition and passed the interim orders in pursuance of which all those petitioners were considered in the reserved category indicated in their respective writ petitions and had secured admissions in different colleges for the courses in Health Sciences. At this stage, we record that the petitioners in Writ Petition Nos. 1556 of 2002, Writ Petition (L) No. 1543 of 2002 and Writ Petition (L) No. 1547 of 2002, though had obtained orders from this Court claim to have taken admissions in the Engineering and Homeopathy Colleges in the "open" category.
8. Before we proceed further, it would be advantageous to consider the procedure laid down in Annexure "B" published in the information brochure issued by the respondent Nos. 1 and 2 for the Maharashtra Health Science Common Entrance Test and the Rules for Admission and the procedure adopted by the office of DSWO for issuance of the Caste Validity Certificate in order to appreciate the controversy involved in these writ petitions better.
Annexure "B" gives the information about the constitutional reservations. It provides that the selection of the reserved category is also made strictly on the basis of merit within each of the reserved categories. So far as private colleges are concerned, only the constitutional reservations are provided and, that too, for the candidates of Maharashtra State only. The seats reserved for the backwards classes are as follows:
"A. Scheduled Castes and Scheduled Caste converts to Buddhism 13.0 percent.
B. Scheduled Tribes including those living
outside specified areas (ST) 7.0 percent.
C. Vimukta Jati (VJ) 3.0 percent.
D. Nomadic Tribes (NT1) 2.5 percent.
E. Nomadic Tribes (NT2) 3.5 percent.
F. Nomadic Tribes (NT3) 2.0 percent.
G. Other Backward Classes (OBC) 19.0 percent.
Total 50.0 percent."
Candidate belonging to any of the categories of Backward Classes stated at (A) to (G) is required to submit the Caste/Tribe Validity Certificate issued by the following authorities:
a) Divisional Caste Certificate Scheduled Caste Scrutiny Committee of Scheduled Caste respective Divisional Social converts to Buddhism, Welfare Office. Vimukta Jati.
b) Caste Certificate Scrutiny Nomadic Tribes Committee, Nomadic Tribes 1, 2 & 3 and the Other Director of Social Welfare, Backward Classes. Maharashtra State, Pune.
c) Director/Deputy Director, Scrutiny Committee of respective region. Scheduled Tribe.
It is further provided that the candidate should claim the constitutional reservation in the original application form itself and submit Caste Validity Certificate supporting the claim should be produced at the time of counselling/interview; failing which the category claim would not be granted. It further provides that in case the candidate is not in a position to produce the Caste Validity Certificate, he/she should submit the proof that his/her claim for procuring Caste Validity Certificate is pending with the Caste Scrutiny Committee at the time of counselling/interview, the admission would be given provisionally subject to the decision of the Caste Scrutiny Committee about the caste validity within a period of 12 weeks from the date of admission. It is thus clear that the candidate should claim the constitutional reservation in the original application form itself and submit his Caste Validity Certificate in support of the claim at the time of counselling and if not available, within a period of 12 weeks from the date of admission. In the instant petitions, there is no dispute that the petitioners, did not claim the constitutional reservation at all, in the original application form. However, after the CET, they have obtained the CVCs and have approached this Court with a prayer that they may be considered in the reserved categories which they claim to belong to and obtained orders and pursuant thereto secured admissions in different colleges.
9. In so far as the procedure for issuance of the Caste Validity Certificate is concerned, the Additional Commissioner, Konkan Division, and Chairman of the Caste Validity Committee one Prakash Sabde, has filed an affidavit dated 22nd July, 2002. It is stated in the said affidavit that the applications are accepted by the office of the Divisional Social Welfare Officer from the applicants along with all the supporting documents which include School Leaving Certificate, Caste Certificate, Birth Certificate, proof of residence of both the applicant and his/her father. The details of the applicant and the documents submitted by him are entered into an Inward Register. The office of the DSWO also issues an acknowledgement to the applicant acknowledging the receipt of the application and the supporting documents. The affidavit further states, that each of the applications is first scrutinised by the Research Officer/Member Secretary of the Caste Certificate Scrutiny Committee and he makes his remarks or gives his opinion on each of the supporting documents on the first page of the application. If the Research Officer finds that the supporting documents are not adequate and some further documents are required for processing the application of the applicant then the same is kept for compliance by requiring the applicant to produce further evidence in support of his claim. However, if the Research Officer finds that the supporting documents are adequate he makes a remark "valid" on the first page of the application and forwards the same to the Divisional Social Welfare Officer. The Divisional Social Welfare Officer and thereafter the Divisional Commissioner who also follow almost the same procedure and independently one after another make their endorsements on the first page of the application. It is only after the Chairman finds that all documents are in order and that the applicant deserves to be granted CVC that he signs in agreement on the first page of the application form. The Research Officer or the DSWO may in certain cases ask for School Enquiry Home Enquiry and Vigilance Squad Enquiry. However, in the present case we need not consider the procedure followed by the Caste Certificate Scrutiny Committee in case of School Enquiry, Home Enquiry and Vigilance Squad Enquiry as the same are not involved. Thereafter, the cases where all three members of the Scrutiny Committee sign the first page of the application form and grant their approval for issuing the CVC to the applicant, particulars of the concerned applicant are filled, in the booklet containing the CVCs in duplicate. The booklet is then forwarded to the three members of the CVC committee who affix their signatures on the original and the duplicate of the said CVC. The original is thereafter handed over to the applicant after obtaining his endorsement in the inward register in acknowledgment of receipt of the certificate. We are told by Mr. Kumbhakoni, the learned Counsel appearing for the respondents across the bar that approximately the DSWO issued 1000 Caste Validity Certificates between March and July, 2002.
10. Having regard to the aforesaid procedure laid down in the Annexure B in the brochure of CET and the procedure adopted by the DSWO for issuance of the CVC, we will not consider the controversy involved in all the writ petitions.
11. Mr. Kumbhakoni, the learned Special Counsel for the respondents tendered a chart of all 24 writ petitions, giving relevant details, prepared with the help of Ms. Manjiri Shah, the learned A.G.P. This chart divides 24 writ petitions into six groups. This chart demonstrates the forgery and fabrication of CVCs and their use at different levels including in the writ petitions for obtaining orders. Mr. Adik, the learned Senior Counsel for the petitioners also agrees to refer to the said chart for the sake of convenience. The said chart, demonstrates the alleged fabrication and forgery as follows:
The first group is of writ petitions, viz. (i) Writ Petition No. 1480 of 2002 filed by one Kinjal Sangani and (ii) Writ Petition No. 1489 of 2002 filed by one Kunal Mehta. In these two writ petitions, the CVCs annexed to the writ petitions, at Exhibit-B are authentic and genuine. However, the caste certificates at Exhibit-A to the petitions, on the basis of which the CVCs were issued, are forged and fabricated documents. Both the petitioners have secured admission to the Medical Colleges, namely K.J. Somaya and Pravara Medical College, respectively on the basis of their CVCs.
The second group of the writ petitions is also of two writ petitions bearing Writ Petition No. 1406 of 2002 filed by Namrata Jadhav and Writ Petition No. 1555 of 2002 filed by Deepa Sharma. In both these petitions, the CVCs annexed at Exhibit-B were fabricated and forged documents. The interim orders were passed by this Court on the basis of the forged CVCs on 6th June, 2002 and 20th June, 2002 respectively. However, after the interim orders were passed, the petitioners appeared to have obtained genuine CVCs issued by the DSWO and produced the same before the DMER and secured admission to the M.G.M. Medical College and Grant Medical College respectively. Exhibit "B" CVCs are having numbers 39704 dated 10th May, 2002 and 33676 dated 7th June, 2002 respectively. Whereas the genuine CVCs issued to the petitioners by DSWO are having Nos. 39370 dated 21st June, 2002 and 39475 dated 21st June, 2002. The numbers on CVCs being Exhibit-B clearly indicate that they are fabricated since the genuine certificates bearing the same numbers were issued by DSWO in favour of Uday Bhoir and Nikita Vaidya respectively. Moreover, the caste certificate of Namrata Jadhav, on the basis of which, genuine CVC has been issued, is forged and fabricated document. As far as caste certificate of Deepa Sharma is concerned, the authenticity could not be still verified.
In so far as the third group of writ petitions is concerned, it consists of three writ petitions, viz. Writ Petition (L) No. 1581 of 2002 filed by one Priyanka Shah, Writ Petition (L) No. 1582 filed by Payal Sadarangani and Writ Petition (L) No. 1583 of 2002 filed by Kinjal Shah. In these writ petitions, the petitioners had obtained interim orders on 26th June, 2002 on the basis of the forged CVCs. The CVCs annexed to the writ petitions at Exhibit-B are having Nos. 39731 dated 14th June 2002, 39658 dated 18th June, 2002 and 39659 dated 21st June, 2002. After the interim orders were passed by this Court, it appears that the petitioners had received the CVCs from the office of the DSWO bearing Nos. 39731, 39744 and 39659 dated 28th June, 2002. However, before that all the three petitioners appeared for interview before the DMER with the forged CVCs at Exhibit "B" and got admissions in different colleges for the courses in Health Sciences. After getting admission, when the petitioners approached the concerned colleges, instead of submitting the CVCs produced before the DMER, they produced the CVCs issued by the office of the DSWO by changing the date on the original certificate to synchronize the sequence. The original certificates produced for our perusal clearly indicate that whitener has been used to change the date. Furthermore, the caste certificates of Priyanka Shah (Writ Petition (L) No. 1581/02) and Kinjal Shah (Writ Petition (L) No. 1583/02) according to the respondents, are fabricated and forged documents and so far as Payal Sadarangani is concerned, the authenticity of her caste certificate could not be still ascertained. The chart annexed to the reply affidavit discloses the names of genuine CVC holders. Their CVCs bear the same numbers as on the fake CVCs of the petitioners.
The fourth group consists of ten writ petitions, viz. Writ Petition No. 1405 of 2002 filed by Kuldeepak Shinde, Writ Petition No. 1407 of 2002 filed by Imran Ansari, Writ Petition No. 1479 of 2002 filed by Parag Mehta, Writ Petition No. 1481 of 2002 filed by Anmol Mehra, Writ Petition No. 1490 of 2002 filed by Niyati Mehta, Writ Petition No. 1556 of 2002 filed by Monisha Bijlani, Writ Petition (L) No. 1500 of 2002 filed by Shenaz Hakam, Writ Petition (L) No. 1526 of 2002 filed by Nabilah Mohammad, Writ Petition (L) No. 1576 of 2002 filed by Mehvish Masalawala, Writ Petition (L) No. 1548 of 2002 filed by Suman Kharab. In so far as these ten petitioners are concerned, they have annexed CVCs to their writ petitions at Exhibit-B which respondents allege to be forged and fabricated and based on the same had obtained interim orders and in pursuance thereof they were admitted by DMER in different colleges. According to DSWO, they have not issued CVCs in favour of these petitioners at all. However, it is very pertinent to note that the CVCs annexed to the writ petitions at Exhibit-B and CVCs produced before DMER are totally different. Moreover, the chart gives the names of authentic CVC holders numbers which were same of the fabricated CVCs annexed to the writ petitions. Furthermore, the caste certificates, on the basis of which the petitioners claim to have obtained CVCs, clearly appear to be forged and fabricated documents. The chart further shows that except Monisha Bijlani (Writ Petition No. 1556/02) all petitioners in this group secured admissions in different colleges, whereas Monisha has secured admission in Engineering in open merit category.
The fifth group is of two writ petitions, viz. Writ Petition (L) No. 1543 of 2002 filed by Shweta Teckchandani and Writ Petition (L) No. 1547 of 2002 filed by Yasha Shah. In this group of the writ petitions, though the petitioners obtained orders from the Court on the basis of forged and fabricated CVCs, they claim to have secured admissions in the Engineering and Homeopathy Colleges in open merit and not on the basis of the interim order passed by this Court.
In so far as the last group of the writ petitions is concerned, it consists of five writ petitions, viz. Writ Petition (L) No. 1634 of 2002 filed by Minal Choudhary, Writ Petition (L) No. 1644 of 2002 filed by Kajal Mehta, Writ Petition (L) No. 1645 of 2002 filed by Dipti Mulchandani, Writ Petition (L) No. 1646 of 2002 filed by Suruchi Champaklal and Writ Petition (L) No. 1647 of 2002 filed by Nidhi Bhanot. The petitioners appear to have annexed the forged and fabricated CVCs to their writ petitions. The DSWO has not issued any CVCs to these petitioners. However, before any orders could be passed, Ms. Shah, learned A.G.P. on 3rd July, 2002 brought to our notice the large scale fraud played on the Court by these petitioners.
11-A. One Mangesh Mohite, Resident Deputy Collector has filed an affidavit on 23rd July, 2002 stating that the caste certificates annexed by nineteen petitioners at Exhibit "A" to their respective writ petitions are totally fabricated and forged documents. He has further stated that the authenticity and genuineness of the caste certificates annexed to remaining five writ petitions, namely Writ Petition No. 1555 of 2002 filed by Deepa Sharma, Writ Petition (L) No. 1582 of 2002 filed by Payal Sadarangani, Writ Petition No. 1407 of 2002 filed by Imran Ansari, Writ Petition No. 1481 of 2002 filed by Amol Mehra and Writ Petition (L) No. 1645 of 2002 filed by Dipti Mulchandani, could not be ascertained till filing of the affidavit. In so far as Writ Petition (L) No. 1526 of 2002 filed by Nabilah Gulam Mohd. is concerned, Mohite in his affidavit has stated that Nabilal has produced two caste certificates of dated 22nd May, 2002 indicating his caste as Muslim (Sikkalgar) tribe recognised as N.T. in one certificate and as Muslim Ansari caste recognised as OBC in other certificate. He has further stated that both these certificates appear to be forged and fabricated. The chart annexed to the affidavit at Exhibit-3 indicates that the caste certificate numbers and names of the petitioners and the names and numbers of the genuine certificates issued to some other persons as per their office record are the same. We refrain from reproducing the said chart since none of the petitioners or on their behalf the learned Counsel have raised any dispute about the contents of the chart.
12. We have perused the inward register maintained by the DSWO. We found the manner of maintenance of the register especially the entries to be disappointing and unsatisfactory. The entries in the register were not consistent with the statements made in the affidavit by Prakash Sabde, Additional Commissioner and the Chairman of the CVC committee. We found atleast two entries indicating date of collection of CVCs by the concerned candidates as 31st June, 2002 whereas the month of June has only 30 days. Similarly, despite our repeated insistence, the DSWO did not produce the original applications with the supporting documents of the seven writ petitioners in first, second and third group of writ petitions in particular. We wanted to look into the applications and documents of seven writ petitions since DSWO has admitted to have issued CVCs in favour of those petitioners. We were told by Mr. Kumbhakoni, that despite their "sincere" efforts the office of DSWO could not trace the said records.
13. At the outset, we record that Mr. Adik, did not and could not dispute the contents of the chart produced by Mr. Kumbhakoni, the learned Counsel for the respondents, demonstrating forgery and fabrication of the CVCs annexed at Exhibit "B" to the writ petitions. The petitioners have not refuted the allegations contained in the said chart by filing any reply affidavit. The petitioners also have not filed any affidavit in reply to our show-cause for recall of our earlier order and for cancellation of admissions granted to petitioners. The petitioners have also not filed any affidavit in rejoinder, controverting that the CVCs and caste certificates are not forged and fabricated. In fact the petitioners are not even disputing that the CVCs and caste certificates are not forged and fabricated. Having regard to this and our impression about the CVCs annexed to all writ petitions, we called upon Mr. Adik, the learned Senior Counsel appearing for the petitioners, to make his submissions. Mr. Adik submitted that the CVCs annexed to the writ petitions at Exhibit-B as well as produced before the concerned authorities viz. DMER and the college, were issued by the DSWO and were received by the petitioners or their natural guardians through the agents operating in the office of the DSWO and the petitioners believed that the CVCs received by them and annexed to the petitions were authentic and genuine till it was disclosed in the present writ petitions that they are forged and fabricated. However, Mr. Adik could not offer any satisfactory explanation or reasons as to why petitioners approached agents knowing fully well that legally no agents were allowed to operate in the DSWO. In second, third and fourth group of writ petitions, the petitioners have produced more than one Caste Validity Certificate. The CVCs annexed to the writ petition at Exhibit-B and the CVC produced before the DMER or college in those petitions are different. Admittedly the second CVC was received by the petitioners after obtaining orders from this Court. In view thereof, we specifically asked Mr. Adik, the learned Senior Counsel for the petitioners as to why the petitioners did not come back to the Court, after obtaining interim orders and inform that the certificates annexed to the writ petition, were not correct and they have received another certificate from the office of DSWO which they have produced before the DMER or the college authority. Mr. Adik had no explanation or answer to this query. Similarly, we also asked Mr. Adik as to whether any of the writ petitioners had made any endorsement in the register maintained by the office of the DSWO while receiving the genuine CVCs as claimed in seven writ petitions in first, second and third group of the writ petitions. He answered this query in negative and submitted that they received these certificates through agents. So far as other petitioners are concerned, Mr. Adik submitted that they received CVCs through agents and the petitioners had not made any endorsement in the register maintained by DSWO. As a matter of fact, Mr. Govilkar, the learned Advocate on record for the petitioner at one point of time, in the absence of Mr. Adik, Senior Counsel, submitted that he cannot defend the petitioners at all in so far as the bogus certificates annexed to the writ petitions at Exhibit "B" are concerned. The petitioners have neither stated as to what documents they had produced along with their applications for getting CVCs nor could they produce copies of their applications made in that behalf. Moreover, the omission to file any reply affidavit to the show-cause notice issued by us by our order dated 11th July, 2002 calling upon the petitioners as to why our earlier order, whereby the writ petitions were admitted and the petitioners were allowed to appear before the DMER for the purpose of selection in M.B.B.S./B.D.S., should not be recalled and why the admissions granted to the petitioners in respective courses should also be not cancelled, speaks volume. None of the petitioners has shown courage to come forward either to defend themselves or to expose the deep rooted racket and the persons behind it, which has forged and fabricated CVCs and caste certificates on such a large scale. Mr. Adik, lastly, contended that the petitioners are all innocent victims and the leniency may be shown to them. He further submitted that the petitioners are even prepared to withdraw the writ petitions and surrender the admissions secured by them in pursuance of the orders passed by this Court. However, looking to the brazen manner in which the orders were obtained based on totally bogus and fabricated CVCs, it is too late to consider the request of Mr. Adik.
14. On the other hand, Mr. Kumbhakoni, the learned Counsel for the respondents, after having unfolded the large scale fabrication and forgery as recorded in the forgoing paragraphs, submitted that no leniency be shown to the petitioners and to the persons acting behind the scene. He further submitted that the admissions of all the petitioners be cancelled forthwith and a thorough investigation be directed through CID Crime Branch, Mumbai. Mr. Kumbhakoni placed reliance on the judgments of the Supreme Court in support of his submissions. Firstly, he placed reliance on the judgment of the Supreme Court in the case of Ram Autar Shukla v. Arvind Shukla, reported in 1995 Supp. (2) Supreme Court Cases 130 and submitted that no leniency be shown to the petitioners who have played a fraud on the Court.
He further placed reliance on the judgment of the Supreme Court in Chandra Shashi v. Anil Kumar Verma, reported in 1995(1) Supreme Court Cases 421 and submitted that the petitioners require to be appropriately dealt with not only to punish them for the wrong done but also to deter others from indulging in similar acts. Paragraphs 2 and 8 of the aforesaid judgment reads thus:
"2. Anyone who takes recourse to fraud, deflects the course of judicial proceedings; or if anything is done with oblique motive, the same interferes with the administration of justice. Such persons are required to be properly dealt with, not only to punish them for the wrong done, but also to deter others from indulging in similar acts which shake the faith of people in system of administration of justice."
"8. To enable the Court to ward off unjustified interference in their working, those who indulge in immoral acts like perjury, prevarication and motivated falsehoods have to be appropriately dealt with, without which it would not be possible for any Court to administer justice in the true sense and to the satisfaction of those who approach it in the hope that truth would ultimately prevail. People would have faith in courts when they would find that "Satyameo Jayate" (truth alone triumphs) is an achievable aim there; or "Yeto Dharmastato Jai" (it is virtue which ends in victory) is not only inscribed in emblem but really happens in the portals of courts."
Mr. Kumbhakoni further submitted that the manner in which the petitioners have obtained the interim orders from this Court by practising fraud not only on the Court but also on the Constitution of India, the interim orders passed by this Court deserve to be recalled and the petitioners and the persons behind the large scale fabrication of the CVCs be dealt with properly with the strongest possible action available in law. He also emphasised that by this fraud, genuine reserved category students were denied admissions, which amounted to a fraud on the Constitution of India. In support, he placed reliance on the decision of the Supreme Court in Indian Bank v. Satyam Fibres (India) Pvt. Ltd., reported in 1996(5) Supreme Court Cases 550. He invited our attention to paragraph 23 of the report, the relevant observation in paragraph 23 reads thus:
"23. Since fraud affects the solemnity, regularity and orderliness of the proceedings of the Court and also amounts to an abuse of the process of Court, the courts have been held to have inherent power to set aside an order obtained by fraud practiced upon that Court. Similarly, where the Court is misled by a party or the Court itself commits a mistake which prejudices a party, the Court has the inherent power to recall its order. ........"
15. Mr. Kumbhakoni, the learned Counsel for the respondents in support of his submissions also invited our attention to a statutory enactment recently enacted by the State, viz. The Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of ) Caste Certificate Act, 2000. This Act came into force on 18th October, 2001. Section 10 of the said Act provides forthwith withdrawal of the benefits secured on the basis of false certificate. Section 11 of the said Act provides that if an admission is secured in any educational institution against a seat exclusively reserved for reserved category by producing a false caste certificate, shall, on conviction, be punished with rigorous imprisonment for a term which shall not be less than six months but which may extent upto two years or with fine which shall not be less than two thousand rupees, but which may extend upto twenty thousand rupees or both.
16. We have carefully considered the arguments advanced by the learned Counsel for the parties, perused the records and documents pertaining to the instant writ petitions, gone through the writ petitions and the annexures thereto and perused the reply affidavits filed by the respondents. It is apparent that the CVCs annexed to the writ petitions are not authentic and genuine. Mr. Adik, the learned Counsel for the petitioners could not and did not dispute this fact as recorded earlier. Who is responsible for the fabrication and forgery is, undoubtedly, a matter for investigation. However, the fact remains that the petitioners have obtained interim orders from this Court on the basis of forged and fabricated CVCs and caste certificates annexed to the writ petitions and in pursuance thereof secured admissions in the colleges. Mr. Adik, did submit that the leniency be shown to the petitioners who are innocent victims. However, we are of the firm opinion that no leniency whatsoever could be shown to the petitioners in the facts and circumstances of the case. Though it is open to the Court in an appropriate case to accept an unconditional apology based on factual scenario but in the facts and circumstances of this case accepting the apology and dropping the proceedings, with regard to acts deliberately done on such a large scale and when it is clear that there is a deep rooted conspiracy in fabricating the CVCs it would be a travesty of justice to do so.
We have no hesitation whatsoever in holding that the petitioners did file and rely upon the fabricated and forged CVCs with an intention to defraud the Court. The basic claim of the petitioners itself was based on falsehood. The petitioners had no right to approach the Court with such a falsity and hence their petitions have to be summarily thrown out at this stage itself. It is now well-settled that one who comes to the Court, must come with clean hands. The petitioners have filed the instant writ petitions with a view to snatch orders and pursuant thereto secured admissions in the reserved categories. In our view, the orders obtained by the petitioners is an abuse of the process of the Court by playing a fraud, should not be allowed to remain operative even for a moment.
We are of the considered opinion that those who indulge in immoral acts like perjury, fraud on the Court, fraud on the Constitution of India with such falsity have to be properly dealt with, without which it would not be possible for any Court to administer justice in the true sense and to the satisfaction of those who approach it in the hope that truth would ultimately prevail. Common people in this country look upon the judiciary with hope and it is a paramount duty of the Court to see that common people do not loose faith in the judiciary. We, therefore, look at the act of fabrication and forgery disclosed in the instant petitions as heinous one which in our view, need to be dealt with by the strongest possible action without sparing anyone howsoever high he or she may be. It would, therefore, be appropriate to refer the forged and fabricated caste certificates and CVCs to the CID, Crime Branch, to thoroughly investigate, dig up the truth, reach every person involved howsoever high he or she may be and prosecute them. We believe that whatever so far has been unfolded is only a tip of an iceberg.
17. This takes us to consider the submission of Mr. Kumbhakoni, the learned Counsel for the respondents, that in the light of the fraud played on the Court, the admissions secured by the petitioners deserved to be cancelled forthwith. It is true that the admissions wrongly gained on the basis of false, fabricated and forged CVC necessarily has the effect of depriving the genuine Scheduled Caste, Scheduled Tribe or N.T. or OBC candidates as enjoined in the Constitution of India of the benefits conferred on them. The genuine reserved category candidates have been denied admission to the courses in Health Sciences. At this stage, we would like to quote paragraph 16 of the judgment in the case of Kumari Madhuri Patil and another v. Additional Commissioner, Tribal Development and others, . Paragraph 16 of the report reads thus:
"16. Whether appellants are entitled to their further continuance in the studies is the further question. Often the plea of equities or promissory estoppel would be put forth for continuance and completion of further course of studies and usually would be found favour with the courts. The courts have constitutional duty and responsibility, in exercise of the power of its judicial review, to see that constitutional goals set down in the Preamble, the fundamental rights and the Directive Principles of the Constitution, are achieved. A party that seeks equity, must come with clean hands. He who comes to the Court with false claim, cannot plead equity nor the Court would be justified to exercise equity jurisdiction in his favour. There is no estoppel as no promise of the social status is made by the State when a false plea was put forth for the social status recognised and declared by the Presidential Order under the Constitution as amended by the SC & ST (Amendment) Act, 1976, which is later found to be false. Therefore, the plea of promissory estoppel or equity have no application. When it is found to be a case of fraud played by the concerned, no sympathy and equitable considerations can come to his rescue. Nor the plea of estoppel is germane to the beneficial constitutional concessions and opportunities given to the genuine tribes or castes. Courts would be circumspect and vary in considering such cases."
The Supreme Court has further in paragraph 13 of the judgment in the case of Kumari Madhuri Patil has held that, it is necessary to streamline the procedure for the issuance of social status certificates, their scrutiny and their approval and has made some valuable suggestions in that behalf. In Clauses 14 and 15 of paragraph 13 of the judgment, the Supreme Court has made suggestions to deal with a situation like one which we have come across in the present petitions. Clauses 14 and 15 of paragraph 13 of the report are sufficient and clear enough for our guidance which read thus:
"14. In case, the certificate obtained or social status claimed is found to be false, the parent/guardian/the candidate should be prosecuted for making false claim. If the prosecution ends in a conviction and sentence of the accused, it could be regarded as an offence involving moral turpitude, disqualification for elective posts or offices under the State or the Union or elections to any local body, legislature or Parliament."
15. As soon as the finding is recorded by the Scrutiny Committee holding that the certificate obtained was false, on its cancellation and confiscation simultaneously, it should be communicated to the educational institution concerned or the appointing authority by registered post with acknowledgement due with a request to cancel the admission or the appointment. The Principal etc. of the educational institution responsible for making the admission or the appointing authority, should cancel the admission/appointment without any further notice to the candidate and debar the candidate from further study or continue in office in a post."
18. Having regard to the observations made by the Supreme Court in the case of Kumari Madhuri Patil (supra) and in the case of Indian Bank (supra), we have no hesitation in cancelling the admissions secured by the petitioners in pursuance of the interim orders passed by this Court.
19. Keeping in view the directions given by the Supreme Court in the case of Kumari Madhuri Patil and taking totality of the circumstances into account, we deem it appropriate to make some suggestions to make the whole system fool proof and transparent so as to avoid any such attempts of forgery and fabrication of the CVCs in future. The facts and circumstances of this case, undoubtedly point a needle of suspicion at the office of DSWO. We, therefore, feel that it is high time for the State Government to drastically change the entire system. The procedure for issuance of caste certificates, as also Caste Validity Certificates need to be revamped completely to achieve the object of reservation policy under the Constitution of India. It would be desirable to frame rules to regulate the procedure for issuance of the caste certificates as well as Caste Validity Certificates plugging all loopholes. We make the following suggestions formulated with the assistance of Mr. Kumbhakoni, the learned Counsel for the respondents, to improve the procedure and bring transparency in the working of the office of DSWO and the Collector who are obliged to issue Caste Validity Certificates as well as caste certificates to the genuine reserved category candidates.
(a) The whole system be computerised so as to make it more efficient, prompt and transparent. The computerization be undertaken on a priority basis.
(b) The information regarding issuance of the basic document namely caste certificate and CVC as well be made available on internet to enable the Scrutiny Committee or anybody for that matter to verify at any stage the genuineness of the same.
(c) Adequate posts be made available for the Constitution of full time Caste Scrutiny Committees. Appropriate infrastructure and staff should also be provided to the said Committee.
(d) The Caste Scrutiny Committee should be armed with appropriate authority in law and should have easy access to the police machinery to investigate the caste claims, by way of field inquiries.
(e) The Government Printing Press should develop a security mark while printing caste certificate and the Caste Validity Certificate, akin to a hologram to make it difficult or rather impossible to prepare bogus and fabricated certificates.
(f) Application for caste certificate as also caste validation should be routed only through authorities/schools/colleges. No direct application of the students/employees be entertained at all.
(g) At the stage of verification of the caste certificate, the committee should first verify the fact that the basic document of caste certificate is genuine and not bogus/fabricated. In fact the entire procedure of verification should be undertaken only after confirmation of genuineness of the caste certificate and the school leaving certificates of the candidate and his father.
(h) In case of students, before entering secondary school itself it may be made compulsory for those who want to take the benefit of constitutional reservations to seek/obtain caste certificate as also Caste Validity Certificate, since unlike non-creamy layer certificates, caste and caste validity certificates need not be 'latest'.
We have made these suggestions, with a hope that there shall be transparency in the working of DSWO and there shall not be repetition of any more attempts of fabrication of bogus caste certificates and CVCs as well.
20. In the facts and circumstances, we dismiss the last five writ petitions, bearing Lodging Nos. 1634, 1644, 1645, 1646 and 1647 of 2002 summarily and as far as the other writ petitions are concerned, in which rule was issued and the interim orders were passed, the rule stands discharged and the interim orders shall stand vacated forthwith. Accordingly all writ petitions stand disposed of with the following directions.
(i) The admissions to various courses secured by the petitioners, in pursuance of the interim orders passed by this Court shall stand cancelled forthwith. The seats falling vacant thereby can be filled in by genuine reserved category students.
(ii) The respondent Nos. 1 and 2 are directed to forthwith confiscate the caste certificates, CVCs and other documents in support thereof produced by the petitioners in this Court as well as before DSWO, DMER and college authorities.
(iii) The Caste Certificate Scrutiny Committee, Mumbai Divisional Mumbai, shall forthwith cancel the CVCs issued in favour of the seven petitioners in first, second and third group of the writ petitions, bearing Writ Petition Nos. 1480/02, 1489/02, 1406/02, 1555/02, Writ Petition (L) Nos. 1581/02, 1582/02 and 1583/02.
(iv) The petitioners shall not claim any benefits whatsoever based on the caste certificates and the Caste Validity Certificates annexed to the writ petitions at Exhibits "A" and "B"
(v) The Prothonotary & Senior Master, High Court, is directed to take possession of the entire records pertaining to the petitioners' Caste Validity Certificates filed in the writ petitions and file a complaint before the Magistrate and initiate the prosecution against all the petitioners/natural guardians in the above writ petitions, for the offences of giving false and fabricated evidence, using evidence known to be false, using as a true certificate known to be false etc.
(vi) The CID, Crime Branch, Mumbai is directed to carry out a thorough investigation into the fabrication and forgery of Caste Validity Certificates and to proceed further to prosecute every person irrespective of his/her status involved in the same. Further, it shall not hesitate to arrest such person or persons, who is/are involved in the act of forgery and fabrication.
(vii) The petitioners and the respondents shall co-operate with the CID, Crime Branch in carrying out the said investigation.
(viii) The respondent Nos. 1 and 2 are directed to verify the authenticity or genuineness of the caste certificates and the CVCs of the students who had secured admissions during last three years for the courses in the Health Sciences or Engineering, in pursuance of the interim orders of this Court and if they are found to be bogus and fabricated, the appropriate action be taken against such students and/or their natural guardians after affording them an opportunity of being heard.
(ix) The above matters be placed on board for directions after a period of four weeks so as to enable the Court to know the steps taken by the CID, Crime Branch and the Prothonotary and Senior Master, in pursuance of the directions given in this judgment with regard to investigation and prosecution and further by the State Government with regard to revamping the entire procedure regarding issuance of caste certificates and Caste Validity Certificates.
A copy of this judgment be forthwith forwarded to the Prothonotary and Senior Master, High Court; the C.I.D., Crime Branch, Mumbai and the State Government for necessary action and effective implementation of the same.
Before we part, we place on record our appreciation for the assistance rendered by Ms. Manjari Shah, A.G.P. who has taken pains in preparing charts and affidavits filed in the writ petitions. We also place on record our appreciation of Mrs. Ranga Srinivasan, Administrative Officer in the Office of DMER who was vigilant enough to bring to our notice through Ms. Shah, A.G.P. the large scale fabrication and forgery of the CVCs.
Parties, C.I.D., Crime Branch, Prothonotary & Senior Master and the concerned authority to act on an ordinary copy of this order duly authenticated by the Personal Secretary of this Court.
Issuance of certified copy of the order is expedited.