Studies first, caste later: HC

Amit Ghaste had applied for an engineering seat in the Babasaheb Ambedkar Technical University, Lonere. Claiming to be a Mahar (scheduled caste) by birth, he put his claim in the reserved category. Consequently, he was called for an interview in May 1997 by the Caste Certificate Scrutiny Committee, Konkan. He secured 55.17 per cent marks in Higher Secondary exams. After receiving an adverse communication from the committee, Ghaste’s father sent them a representation. But the committee invalidated his caste claim in July 1997. It said Ghaste belonged to the Nippani village, which was part of the old Bombay presidency.

However, after reorganisation of the linguistic seats, the village was transferred to Karnataka. Therefore, a migrant from Karnataka cannot avail of reservation benefits in Maharashtra as per the GR (Government Resolution) of August 1995, claimed the committee.

Being a minor, Ghaste moved the Bombay High Court through his father. He said the committee and the Lonere university interpreted the GR wrongly.He said the presidential order notifying the Mahar caste came into effect in August, 1950, and the Maharashtra state was founded in May, 1960. When the government resolution was issued in 1995, Ghaste’s parents had already become permanent residents of Maharashtra.

The division bench of Justice Ashok Agarwal and S D Gundewar stated that the controversy over Ghaste’s caste can be sorted out eventually. Meanwhile, he will be granted admission provisionally.