Case Note & Summary
The petitioner, Kuldeep Sanjay Deshmukh, a student who obtained a Diploma in Polytechnic, was admitted to the second year of Bachelor of Engineering (Civil) course for the academic session 2018-2019 at Dr. Babasaheb Ambedkar College of Engineering and Research, Nagpur, affiliated with Rashtrasant Tukdoji Maharaj Nagpur University. He claimed to belong to the 'Kunbi' Other Backward Class (OBC) category and applied for verification of his caste claim to the Scrutiny Committee on 13.07.2018. While the verification was pending, the Admission Regulating Authority (respondent no.2) granted him admission. On 27.12.2018, the Joint Director of Technical Education informed all college principals in Nagpur Division that deficiencies in admission forms of students admitted for the session 2018-2019 must be removed by 31.12.2018. The petitioner's admission was subsequently cancelled on the ground that his caste claim had not been verified by the Scrutiny Committee. The petitioner filed a writ petition challenging the cancellation. The court observed that the petitioner had applied for caste verification before the start of the academic session and the delay was not attributable to him. The court held that the cancellation of admission without giving the petitioner an opportunity of hearing violated principles of natural justice. The court directed that the petitioner be allowed to continue his studies and that his results be declared, subject to the final outcome of the caste verification process. The petition was allowed with the direction that the respondents shall not cancel the petitioner's admission on the ground of non-verification of his caste claim, and the petitioner's results shall be declared.
Headnote
A) Caste Verification - Kunbi OBC - Admission Pending Scrutiny - The petitioner, a student claiming Kunbi (OBC) status, applied for caste verification on 13.07.2018. While the verification was pending, he was granted admission to the second year of BE Civil course for the academic session 2018-2019. The Joint Director of Technical Education directed removal of deficiencies in admission forms by 31.12.2018. The petitioner's admission was later cancelled due to non-verification of caste claim. Held that the petitioner cannot be penalized for delay in verification by the Scrutiny Committee, and his admission should not be cancelled pending verification. (Paras 2-5) B) Deficiency in Admission Form - Opportunity of Hearing - The cancellation of admission was based on a deficiency in the admission form regarding caste verification. The petitioner was not given an opportunity of hearing before cancellation. Held that principles of natural justice require that the petitioner be heard before any adverse action is taken. (Paras 6-8) C) Continuation of Studies - Interim Relief - The petitioner had already completed his studies and appeared for examinations. The court directed that the petitioner be allowed to continue his studies and that his results be declared, subject to the outcome of the caste verification process. (Paras 9-10)
Issue of Consideration
Whether the petitioner's admission to BE Civil course can be cancelled on the ground that his caste claim as Kunbi (OBC) was not verified by the Scrutiny Committee, and whether the petitioner is entitled to continue his studies pending such verification.
Final Decision
The court allowed the writ petition and directed that the petitioner's admission shall not be cancelled on the ground of non-verification of his caste claim. The respondents were directed to allow the petitioner to continue his studies and declare his results, subject to the final outcome of the caste verification process.
Law Points
- Caste verification
- OBC reservation
- admission pending scrutiny
- deficiency in admission form
- cancellation of admission
- natural justice
- opportunity of hearing
