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Judgment
D.G. Karnik, J.—None present for the petitioner when called. The petition is dismissed for non prosecution. We now proceed to consider the effect of the dismissal of the petition. The petitioner claims to belong to "Gondhali" caste, which is a backward caste classified as NTB in the State of Maharashtra. The petitioner secured admission to the respondent No. 4 College for a degree course of Bachelor of Engineering (Electronics and Telecommunication) on the basis of his caste claim on a reserved seat, for the academic year 200809. However, the petitioner''s Caste claim was rejected by the respondent No. 3 Scrutiny Committee vide its order dated 6th May 2009. The petitioner challenged the order before this Court by filing this petition. On 9th July 2009 this Court granted interim relief to the petitioner and directed that no action be initiated against the petitioner solely on the ground of invalidation of his tribe claim by the Scrutiny Committee. In view of the dismissal of the petition the interim order stands vacated.
In the year 2001, the Legislature of Maharashtra passed 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 (Maharashtra Act No. XXIII of 2001). Section 10 of the Maharashtra Act No. XXIII of 2001 reads as under :
Benefits secured on the basis of false Caste Certificate to be withdrawn -
Whoever not being a person belonging to any of the Scheduled Caste, Scheduled Tribes, DeNotified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category secures admission in any educational institution against a seat reserved for such Castes, Tribes or Classes, or secures any appointment in the Government, local authority or in any other Company or Corporation, owned or controlled by the Government or in any Government aided institution or Cooperative Society against a post reserve for such classes, Tribes or Classes by producing a false Caste Certificate shall, on cancellation of the Caste Certificate by the Scrutiny Committee, be liable to be debarred from the concerned educational institution, or as the case may be, discharged from the said employment forthwith and any other benefits enjoyed or derived by virtue of such admission or appointment by such person as aforesaid shall be withdrawn forthwith.
Any amount paid to such person by the Government or any other agency by way of scholarship, grant, allowance or other financial benefit shall be recovered from such person as an arrears of land revenue.
Notwithstanding anything contained in any Act for the time being in force, any Degree, Diploma or any other educational qualification acquired by such person after securing admission in any educational institution on the basis of a Caste Certificate which is subsequently proved to be false shall also stand cancelled, on cancellation of such Caste Certificate by the Scrutiny Committee.
Notwithstanding anything contained in any law for the time being in force, a person shall be disqualified for being a member of any statutory body if he has contested the election for local authority, Cooperative Society or any statutory body on the seat reserved for any of Scheduled Caste, Scheduled Tribes, Denotified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category by procuring a false Caste Certificate as belonging to such Caste, Tribe or Class on such false Caste Certificate being cancelled by the Scrutiny Committee, and any benefits obtained by such person shall be recoverable as arrears of land revenue and the election of such person shall be deemed to have been terminated retrospectively.
Apart from the fact that the petitioner cannot take advantage of the benefits secured by him on the basis of an interim order in the petition which has been dismissed, by reason of Section 10(1) of the Maharashtra Act No. XXIII of 2001, the petitioner is statutorily liable to be debarred from the concerned educational institution as he has secured the admission on the basis of the Caste Certificate which has been cancelled. Consequently, the admission granted to the petitioner in the respondent No. 4 institution is liable to be cancelled. We accordingly direct that the admission given to the petitioner in respondent No. 4 institution shall stand cancelled. If the petitioner has since obtained any Degree on the basis of the course pursued by him on such Caste claim, the said degree shall also stand cancelled and withdrawn. Respondent No. 4 institution shall accordingly intimate the concerned University about cancellation of the admission as also cancellation of the degree, if any, obtained by the petitioner. The University shall publish on its website the fact about cancellation of the degree, if any, obtained by the petitioner. The Registry is directed to communicate this order to the respondent No. 4 since he is absent. The respondent No. 4 shall report compliance of the directions issued in para 4 of the order to this Court within 4 weeks.