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1998 DIGILAW 421 (BOM)

Alka Arun Pagare v. State of Maharashtra and others

1998-08-25

body1998
JUDGMENT - B.H. MARLAPALLE, J.:---Heard learned Counsel for the respective parties. Civil Application No. 455/98 for intervention is allowed. Rule. With the consent of the parties, Rule made returnable forthwith. 2.The petitioner has passed H.S.C. examination and scored 60 % marks. In response to the advertisement published by the respondent Nos. 4 and 5 on 13/6/98 for admissions to the first year Diploma in Education Course, the petitioner submitted her application for being considered for admission against a seat reserved in the management quota. The said advertisement further stated that the candidates seeking admissions should have secured minimum 40 per cent marks in the 12th Std. and should belong to the Christian religion. It further stated that along with the admission form, a zerox copy of the marks memo of 12th Std., and a copy of School Leaving Certificate should be annexed. The petitioner states that she had complied with the requirements as stated in the advertisement and she belongs to Christian Religion. However, her claim for admission against the management quota has not been considered, in as much as in the merit list displayed by the respondent No. 4 and 5 for admission to the first year D.Ed. Course in Arts faculty, the name of the petitioner does not appear in the 14 students provisionally selected and there are five students whose names appear in the provisional list have scored less than 60 per cent marks. The petitioner claims that she ought to have been shown in the merit list published below the name of the one Shalini David Jadhav for Arts faculty. The petitioner has therefore, approached this Court seeking the relief in respect of directions against the respondent Nos. 4 and 5 to admit her in the First Year of Diploma in Education Course and quash and set aside the selection of other students who are less meritorious than the petitioner. 3.The respondent Nos. 4 and 5 have appeared and resisted the claim of the petitioner on the ground that the petitioner does not belong to Christian Religion and the School Leaving Certificate stated that the petitioner belong to Hindu-Mahar religion. This certificate was issued on 12/6/1998 and the contents therein are not denied by the petitioner. The answering respondents have further stated that the petitioner had taken benefits as applicable to the Scheduled Caste category till she passed 12th Std. This certificate was issued on 12/6/1998 and the contents therein are not denied by the petitioner. The answering respondents have further stated that the petitioner had taken benefits as applicable to the Scheduled Caste category till she passed 12th Std. and she has changed her religion at the time of submission of the admission form to the answering respondents solely for the purpose of seeking admissions against the management quota. The respondents, therefore, claimed that the petitioner did not belong to the Christian Religion and she has embraced Christianity only on or after 18/6/98 with the sole purpose of seeking admission in the respondent No. 5 College against the management quota and the petitioner, therefore cannot invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. 4.By our order dt. 5/8/98 we had directed notices to be issued to all other students who are provisionally admitted by the respondent No. 5 - College and petitioner also published a notice in the newspaper having wide circular in that area so that remaining students could be heard. These students have appeared through their Counsel. 5.The only question that arises for our consideration is that whether the petitioners was entitled to be considered for admission to the First Year of D.Ed. Course against the seat reserved under the Management Quota with the respondent No. 5 -College. The learned Counsel for the petitioner submitted that in the School Leaving Certificate accompanied with the admission form the petitioner was shown to belong to Hindu-Mahar Religion/Caste erroneously and the petitioner is a Christian by birth. In support of this contention, learned Counsel has relied upon a copy of the School Leaving Certificate issued by the Shram Pratisthan's Delwadi Vibhag High School, Delwadi, tq. Palghar, Dist. Thane on 28/4/1995 in respect of petitioner's mother (Khandale Ranjana Bhanudas), wherein, the Column of "Race Caste with, Sub-caste", it is written as "Christian". It is also pertinent to note at this juncture that the petitioner has not brought on record any such certificate in respect of her late father. The other certificate which is relied upon by the petitioner is a certificate dt. 9/6/98, issued by the Pathardi Church, which states that the petitioner was born on 21/7/80 and she was baptized on 7/6/98. The other certificate which is relied upon by the petitioner is a certificate dt. 9/6/98, issued by the Pathardi Church, which states that the petitioner was born on 21/7/80 and she was baptized on 7/6/98. Whether all these contentions of the petitioner could cumulatively show that the petitioner belongs to the Christian Religion needs to be examined on the basis of some other documents which are brought on record. At Exh. "B" (Coll), there is a zerox copy of printed proforma application which has been filled in by the petitioner in her own handwriting on 15/6/98 for changing her religion. This proforma application is to be submitted to the State Government so that the change in religion could be notified in Government Gazette. It must be noted that in Column No. 4 of the said application, petitioner has clearly stated that the reason to change religion was for taking admission in a Christian Institute. The petitioner has also brought on record a cash memo dt. 15/6/98, thereby, indicating that an amount of Rs. 100/- was remitted by her to the Director, Government Printing and Stationary, Government Publications Sales Branch, Charni Road, Bombay- 4. In pursuance of the said application dt. 15/6/98, for conversion to Christianity and the fees paid for its publication in Government Gazette dt. 18-6-98, published by the Government of Maharashtra, it is notified that the petitioner who originally belonged to Hindu - Mahar religion has embraced Christianity. These documents cumulatively show that on 15/6/98 petitioner did not belong to Christian religion. She was a Hindu-Mahar and she took steps to embrace Christianity solely for the purpose of seeking admissions in a Christian Managed Educational Institution and her conversion was notified in Government Gazette on 18/6/98 . If the petitioner was baptised on 7/6/98, as is said in the certificate dt. 9/6/98, issued by the Pathardi Church, there was no reason for the petitioner to state in the application dt. 15/6/98, submitted to the Government of Maharashtra, that she belonged to Hindu (Mahar) religion. The petitioner could be said to be a born Christian only if she had brought on record any certificate to show that her father was a Christian and the certificate in respect of her mother cannot be a sole testimony for her being a Christian. The advertisement for admission to the D.Ed. The petitioner could be said to be a born Christian only if she had brought on record any certificate to show that her father was a Christian and the certificate in respect of her mother cannot be a sole testimony for her being a Christian. The advertisement for admission to the D.Ed. Course issued by the respondent No. 4 and 5 against which the petitioner has applied was published on 13/6/98 and till that day or the petitioner passed her H.S.C. Exam, she did not belong to Christian Religion. 6.The Articles 30(1) of the Constitution give all minorities, whether based on religion or language, a right to establish and administer their own educational institutions. This right protects the minorities. The Constitution of India recognizes the distinct ethnical groups based on religion or language which need protection. The provision is of protection for the existing groups. It is not to be utilised for extension of the group by conversion or by any other method and it should also not be utilised by a person who does not belong to this group by birth but by conversion or by any other mode, enters into this minority, just for the reasons to taking benefits which are given by the Constitution. Both the modes by the minority and by the individual, would be not only a misuse of the constitutional protection but also would be a fraud on the Constitution itself. Even assuming that the petitioner belongs to Christian Religion, we do not see any reason to exercise our extra-ordinary jurisdiction under Article 226 of the Constitution of India to help the student, who in unequivocal terms has stated that she is embracing the Christianity merely for the purposes of admission to Christian managed educational Institution. Religion is a way of life. It reflects the faith of the individual who professes it. Though an individual has a right to get himself converted to another religion if there is a change in his belief, the conversion to other religion cannot be utilised for material benefits and such conversions cannot be encouraged for benefits like service, marriage or admissions to educational institutions. We, therefore, refuse to interfere in the matter on this ground also. 7.In the result, we dismiss the petition and discharge the rule with no orders as to costs. Petition dismissed. *****