The Bombay High Court recently dismissed a petition filed by a 20-year-old engineering student whose admission was rejected by the Directorate of Technical Education for failing to comply with the OBC category.
A bench of Justice BR Gavai and Justice Riyaz Chagla dismissed the petition holding that caste of ‘Nadar’, listed as OBC in Tamil Nadu, cannot be treated as OBC in Maharashtra.
The petitioner was born and brought up in Mumbai after her family shifted to Mumbai from Tamil Nadu 40 years ago. In the OBC list prepared by the Central Government for the state of Tamil Nadu, the petitioner’s caste (Nadar) is included, however, the same caste is not included in the list prepared for the state of Maharashtra.
The petitioner was granted a caste certificate by the sub-divisional officer of eastern suburban, Mumbai suburban district, on the basis of the fact that her grandfather and father were granted the caste certificate from the appropriate authority in Tamil Nadu.
Thus, the petitioner student was granted admission and her entire fees were paid.
Thereafter, Padmabhushan Vasantadada Patil Pratisthan College of Engineering forwarded the petitioner’s certificate to the Directorate of Technical Education (DTE) for scrutiny. In a letter dated May 5, 2017, the DTE communicated the cancellation of admission to the college.
Submission & Final Order
Justifying the cancellation of admission, Additional Government Pleader MA Sayed submitted that it is well-settled that the members of OBC notified in other states such as Tamil Nadu in the present case would not come within the purview of OBC for the state of Maharashtra.
Citing the Supreme Court’s decision in Subhash Chandra & Anr vs Delhi Subordinate Services Selection Board and Ors, the court observed: “We are of the considered view that the Petitioner's claim of belonging to OBC for the State of Maharashtra has been justifiably rejected by Respondent No.2 since the 'NADAR' caste of which the Petitioner belongs is in the list of OBC prepared by the Central Government for the State of Tamil Nadu. The Central list prepared by State of Maharashtra does not list the 'NADAR' caste as OBC.”