Decided on August 28,2006



S.B.SINHA, J. - (1.)LEAVE granted.
(2.)THE appellant claims himself to be a member of ï¿ 1/2Halbaï¿ 1/2 community. ï¿ 1/2Halbaï¿ 1/2 is a Scheduled Tribe. He obtained admission in the courses of Bachelor of Engineering (Instrumentation Engineering) in Pune University, (Respondent No. 4), claiming himself to be belonging to ï¿ 1/2Halbaï¿ 1/2 a Scheduled Tribe community. According to the appellant, the question as to whether ï¿ 1/2Koshti-Halbasï¿ 1/2 are members of Scheduled Tribe or not had been authoritatively decided for the first time in State of Maharashtra v. Milind & Ors. [(2001) 1 SCC 4] and in that view of the matter, he had represented himself to be a member of Scheduled Tribe. Drawing our attention to the fact that even in Milind (supra), this Court directed that those, who have completed their courses from the universities, should be allowed to obtain degrees and get the benefit thereof as general candidates, the appellant was also entitled to a similar relief.
Indisputably, the Caste Scrutiny Committee constituted in terms of the decision of this Court in Kumari Madhuri Patil & Anr. v. Additional Commissioner, Tribal Development & Ors. [(1994) 6 SCC 241] invalidated the caste certificate granted in favour of the appellant. In the writ petition filed by him thereagainst, an interim order was passed in his favour, in terms whereof he obtained admission in the course of Bachelor of Engineering (Instrumentation Engineering) in the Government Engineering College, Pune, which is affiliated to the respondent No.

(3.)-University. The High Court allowed the writ petition and remitted the matter back to the Scrutiny Committee. His claim was rejected by the Scrutiny Committee by an order dated 30th September, 2002. In a writ petition filed by him before the Nagpur Bench of the Bombay High Court questioning the said order of 30th September, 2002, no interim relief was granted, but, the appellant continued with his studies. The said writ petition was dismissed for default, but, it was restored. He completed his studies in the year 2004. He appeared at the examination. An application was filed by him for a direction to respondent No. 4-University to supply him the degree along with the marksheet. However, in the meantime, the writ petition itself was dismissed on merits. Thus, no order was also passed on the said application. The review application filed by the appellant herein has been dismissed by the High Court by reason of the impugned order. 4. The learned counsel appearing on behalf of the appellant merely urged that this Court may issue a direction to the University to grant him the degree as he has completed his courses of studies in the meantime.

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