Supreme Court - Daily Orders
Swati vs State Of Maharashtra . on 10 November, 2016
Corrected
ITEM NO.205 COURT NO.3 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).15748/2008
(From the judgement and order dated 04/04/2008 in WP No. 478/2007
of The HIGH COURT OF BOMBAY AT NAGPUR)
SWATI Petitioner(s)
VERSUS
STATE OF MAHARASHTRA & ORS. Respondent(s)
(With prayer for interim relief and office report)
(For final disposal)
Date: 06/09/2010 This Petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE R.V. RAVEENDRAN
HON'BLE MR. JUSTICE H.L. GOKHALE
For Petitioner(s) Mr. Manish Pitale,Adv.
Mr. Wasi Haider,Adv.
Mr. Chander Shekhar Ashri,Adv.
For Respondent(s) Ms. Aparajita Singh, Adv.
Mr. Sanjay V. Kharde, Adv.
Ms. Asha Gopalan Nair,Adv.
UPON hearing counsel the Court made the following
O R D E R
Leave granted. Appeal is dismissed in terms of the signed order and direct that admission of the appellant to the BDS course and completion of the course shall not be affected. It is made clear that the protection is being given only in regard to the educational qualification secured by appellant and she shall not claim or receive any other benefit as a person belonging to a Schedule Tribe. It is needless to say that not only the appellant but none of her relatives will be entitled to take any benefit extended to Schedule Tribe on the ground that the appellant had been permitted to retain the benefit of educational qualification.
Signature Not VerifiedDigitally signed by OM PARKASH SHARMA Date: 2016.11.10 15:08:28 IST
Reason: ( O.P. Sharma ) ( M.S. Negi ) Court Master Court Master (Signed order is placed on the file) IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.7411 OF 2010 (Arising out of SLP(Civil)No.15748/2008 SWATI Appellant (s) VERSUS STATE OF MAHARASHTRA & ORS. Respondent(s) O R D E R Leave granted.
2. The appellant claiming to belong to a nomadic caste – Bairagi obtained admission to BDS Course. However, subsequently, the Caste Scrutiny Committee by order dated 03.1.2007 invalidated the said claim. The appellant challenged the order of the Caste Scrutiny Committee by filing a writ petition. The High court by the impugned order dated 4th April, 2008 dismissed the petition. The said order is challenged in this appeal by special leave.
3. We find no infirmity in the order of the Caste Scrutiny Committee which has been confirmed by the High Court. The appeal is therefore liable to be dismissed.
4. The appellant was admitted to the BDS Course five years ago and has completed the course and is now completing the internship also this month. In a similar situation, the Constitution Bench of this Court in State of Maharashtra vs. Milind & Ors. 2001 (1) SCC 4 observed that even if the caste claim was negatived, it should not affect the degree obtained by the candidate, having regard to the fact that huge amount has been spent by the State on the candidate for completion of the course. This Court also made it clear that such a candidate cannot claim to belong a Schedule Tribe nor can take any advantage of any benefits available to Schedule Tribes for any other constitutional purpose. The said observations will apply in this case also. The appellant has filed an affidavit undertaking that she will undertake not to claim any concession or benefit, as a person belonging to a Schedule Tribe.
4. Accordingly while dismissing the petition, we direct that admission of the appellant to the BDS course and completion of the course shall not be affected. It is made clear that the protection is being given only in regard to the educational qualification secured by appellant and she shall not claim or receive any other benefit as a person belonging to a Schedule Tribe. It is needless to say that not only the appellant but none of her relatives will be entitled to take any benefit extended to Schedule Tribe on the ground that the appellant had been permitted to retain the benefit of educational qualification.
....................J.
[ R.V. RAVEENDRAN ]
NEW DELHI ....................J.
DATED SEPTEMBER 6, 2010 [ H.L. GOKHALE ]