ORAL JUDGMENT: (PER F.I. REBELLO, J.) 1. Rule. Heard forthwith. 2. The Petitioner it appears was admitted to the D. Ed. course during the academic year 2002-03 against the reserved seat considering the marksheet annexed at Exhibit A. According to the Petitioner, she had submitted the caste certificate to the college and college authorities have not forwarded the caste certificate to the Competent Committee for validation of the same. In the mean time the Petitioner completed the D.Ed. Course, but the Respondent No.2 has not declared the results of the examination. It is on this basis that the Petitioner submits that Respondent No.2 should be directed to declare the results of the examination and that the Petitioner undertakes that in the event the Committee invalidates the Petitioner’s caste claim, the Petitioner would not claim any benefit against the reserved post. . Learned counsel for the Petitioner draws our attention to various Judgments passed by this Court as also to the Notification of the State Government in support of his contention that the results should be declared. 3. We must first point out that the Petitioner was admitted against a reserved post. Therefore, the requirement is that the petitioner must have caste validity certificate. We are not in a position to answer whether the Petitioner’s caste certificate was not sent on account of failure by the office of Respondent No.5 or for any other reasons. At least we did not find any averment in the Petition by the Petitioner setting out that Petitioner has pursued the matter with Respondent No.5 to forward the caste certificate and inspite of that Respondent No.5 had not forwarded the caste certificate to the Committee. 4. Learned counsel for the Petitioner relies upon the Government letter dated 13th July, 2006 whereby the Government has directed that the results of the examination in such cases, should be declared. A person is entitled to the benefit of reservation if such person holds a certificate that such person belongs to backward class of categories regarded by the State, for benefit in terms of Article 15 of the Constitution of India. Such a person must not only hold the Caste/ Tribe Certificate but must also have it validated by the Competent Authority either in terms of law declared in Madhuri Patil or the respective State enactments. Such a person must not only hold the Caste/ Tribe Certificate but must also have it validated by the Competent Authority either in terms of law declared in Madhuri Patil or the respective State enactments. The benefit is subject to the provisions of the Maharashtra Scheduled Caste, Scheduled Tribes, De-Notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (hereinafter referred to as ’the Act’ for the sake of brevity) is in force. Rules have also been made under the said Act. . Under Section 7 of the Act power is conferred for confiscation and of cancellation of the caste certificate after the commencement of the Act. Section 7 of the Act reads as under:- "Confiscation and cancellation of false Caste Certificate- (1) where, before or after the commencement of this Act, a person not belonging to any of the Scheduled Castes, Scheduled Tribes, De-notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category has obtained a false Caste Certificate to the effect that either himself or his children belong to such Castes, Tribes or Classes, the Scrutiny Committee may, suo motu, or otherwise call for the record and enquire into the correctness of such certificate and if it is of the opinion that the certificate was obtained fraudulently, it shall, by an order cancel and confiscate the certificate by following such procedure as prescribed, after giving the person concerned an opportunity of being heard, and communicate the same to the concerned person and the concerned authority, if any. (2) The order passed by the Scrutiny Committee under this Act shall be final and shall not be challenged before any authority or court except the High Court under Article 226 of the Constitution of India." None of the earlier Judgment took notice of this provision. . We do not propose to answer the larger issue of the effect of invalidation of caste certificate in the present Petition. However, we may point out that it is not open to the Respondent State to issue any administrative instructions which would have the effect being in conflict with the provisions of the Act. 5. The concept of reservation is by way of affirmative action by the State to meet the mandate of Article 14 of the Constitution of India and the constitutional philosophy behind Article 15. 5. The concept of reservation is by way of affirmative action by the State to meet the mandate of Article 14 of the Constitution of India and the constitutional philosophy behind Article 15. In these circumstances, if candidates who are not eligible, apply and get admitted and on passing the examination the only consequence they have to suffer is that, they would only be denied an opportunity to apply for jobs against reserved categories post, this may amount tantamount to playing fraud on the Constitution. We can understand those cases where fraud is not practiced by the Petitioners. But in cases where it is so practiced, we see no reason, merely because the Petitioner has completed two years Course, why Petitioner should be allowed to complete the Course or retain the degree, considering the clear mandate and specific provisions of the Act. 6. In our opinion, in all such cases the proper course would be, to direct the Respondent No.5 to immediately forward the caste certificate of the Petitioner to Respondent No.4. 7. The Petitioner to approach Respondent No.5 to direct the caste certificate to be forwarded to Respondent No.4. If the caste certificate is not available with Respondent No.5, the Petitioner to produce fresh certificate and ask the same to be forwarded. This exercise to be completed within six weeks from today. Respondent No.5, thereafter within 15 days of the petitioner approaching and complying with the formalities, to forward the same to Respondent No.4. Respondent No.4 thereafter to consider the same and decide the claim of the Petitioner at any rate, not later than three months from the receipt of caste certificate. Petitioner to co-operate with Respondent No.4 in expeditious disposal of the claim. 8. If the Respondent No.4 validates the Petitioner’s caste claim, Respondent No.2 to declare the results of the examination. If the Respondent No.4 comes to conclusion that the claim of the petitioner is fraudulent, Respondent No.2 to take a decision on its own merits. Rule is made absolute, accordingly. No order as to costs. Petition allowed.