JUDGEMENT
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(1.)Leave granted. Heard learned counsel for the parties.
(2.)The appellant sought admission to Engineering course claiming the
benefit of reservation alleging that he belonged to 'Mahadeo Koli' - a
scheduled tribe. The Scrutiny Committee which verified the validity of his
caste certificate, made an order dated 29.3.1995 rejecting his claim that he
belonged to a Scheduled Tribe. The appellant challenged the order of the
scrutiny committee in W.P. No.2667/1995. In the said petition, the Bombay
High Court issued an interim order directing the third respondent (Director
of Technical Education, State of Maharashtra) to accept the application of
Appellant for admission to BE course and process the same and give
admission by treating him as a candidate belonging to a scheduled tribe,
with a condition that the admission, if granted, will be provisional and
subject to the final decision. In pursuance of it, the appellant was admitted to
the BE course by extending the benefit of reservation under the quota for
Scheduled Tribes. Eventually he completed the Engineering course and was
conferred a degree by the University of Pune on 31.3.2004.
(3.)The writ petition filed by the Appellant was dismissed by order
dated 28.3.2006, upholding the order of the Scrutiny Committee, with a
direction to the third Respondent to take appropriate steps for recall of the
degree granted to the appellant. The said order of the High Court is
challenged in this appeal by special leave. The only contention urged by the
appellant is that even if his scheduled tribe claim was rejected, he should not
have been denied the benefit of the degree obtained by him. In support of
this contention, he relied on the decisions of this Court in State of
Maharashtra v. Milind (2001) 1 SCC 4 and R.Vishwanatha Pillai v. State
of Kerala (2004) 2 SCC 105.
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