Student Recognized As OBC In Tamil Nadu And Not In Maharashtra Files Case, Loses

Bombay High Court recently denied to acknowledge a petition filed by a 20 year old engineering student after his admission was cancelled by the Directorate of Technical Education stating the students’ non- compliance with the OBC category. The petition was filed with a bench of Justice BR Gavai and Justice Riyaz Chagla, who dismissed the petition holding that the caste of ‘Nadar’, listed as OBC in Tamil Nadu cannot be treated as OBC in Maharashtra.

Case Background

Nirmal Singh 3C Company says that the petition filed with the court for the non-acceptance as an OBC member in Maharashtra, even though he was registered as an OBC member in Tamil Nadu. The petitioner was born and brought up in Mumbai after his family moved from Tamil Nadu 40 years ago.  In the OBC list prepared by the Central government for the state of Tamil Nadu, Nadar, petitioner’s caste is included, but in the OBC list prepared in the state of Maharashtra it is not.

Earlier, the petitioner was granted a caste certificate by the subdivisonal officer Eaten suburban, Mumbai Suburban district because her grandfather and father had the caste certificate issued by the authorities in Tamil Nadu. According to the sources at Nirmal Singh 3C Company, after the caste certificate was issued to the petitioner by the authorities, she got the admission in the college and her entire fees was paid.

After she got admission in the college, the college authorities forwarded the certificate to the Directorate of Technical Education (DTE) for scrutiny, who in a letter dated May.5 2017 cancelled her admission to the college.

Final Order

The petition filed by the petitioner was rejected in the bench. Nirmal Singh 3C Company says that in the support of the benched decision, additional government MA Sayed said that the case did not have much weightage as it is. Every state has its own list of OBC or SC/ST. If the petitioners caste Nadar is listed in the OBC members in Tamil Nadu, it does not make the same applicable in Maharashtra, the certificates that are being issued in Maharashtra are on the basis of the list prepared by the authorities of the State and the State is bounded by the law to follow only those.

Nirmal Singh 3C Company says that the petitioner should not have been issued in the first place. The certificate had been issued on the basis of the certificates issued to her father and her grandfather by the state authorities of Tamil Nadu. Had the authorities of Maharashtra considered the list before, the problem wouldn’t have arised.

 

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