JUDGMENT 1. None present for the applicants in the civil application. 2. The learned AGP prays for time to call for the papers/record and proceedings from respondent no.2 and go through the same to be able to address the Court. Affidavit in reply is yet to be filed. 3. The learned advocate for the petitioners submits that both are biological brothers. Petitioner no.1 would be participating in the CAP round for admission to the UG Engineering Course. Petitioner no.2 has already passed his UG course and would be seeking admission through CAP for the PG Course. The counseling session would commence from 05.12.2021 and both the brothers necessarily require validity certificates for participating in the said round. 4. It is undisputed that blood relatives namely Shri Ganesh Madhavrao Chukewad, Shri Yogesh Madhavrao Chukewad, Shri Sadashiv Gangadhar Chukewad, Ms. Shobha Gangadhar Chukewad and Shri Vishwanath Maruti Chukewad have been granted validity certificates as belonging to the Mannervarlu Tribe. 5. The learned AGP points out the paragraph on internal page no.24 of the impugned judgment of the committee which invalidated the claims of the petitioners and submits that all above mentioned tribe validity holders are prima facie found to have indulged in fraud, misrepresentation and suppression of documents while acquiring the validity certificates. Each of them has been issued with the notices by the committee in view of the law laid down by the Hon’ble Apex Court in Raju Ramsing Vasave Vs. Mahesh Deorao Bhivapurkar and Others (2008) 9 SCC 54 , T. Vijendradas and Others Vs. M. Subhramanian and Others, (2007) 8 SCC 751 , Rajeshwar Baburao Bone Vs. State of Maharashtra and Others and Jyoti Sheshrao Mupde Vs. State of Maharashtra and Others, holding that the committee has the inherent power to reopen such cases only on the ground of fraud. 6. In light of the above, since this petition cannot be heard tomorrow on account of the difficulty expressed by the learned AGP and as the counseling session is to commence from 05.12.2021 (Sunday) and as a solemn statement has been made that a validity certificate is necessary to participate in such counseling sessions, we are directing the petitioners to enter specific affidavits as a precondition for granting provisional certificates. The affidavit should contain the following statements: (a) The provisional certificate is sought in the light of the rules applicable to CAP rounds.
The affidavit should contain the following statements: (a) The provisional certificate is sought in the light of the rules applicable to CAP rounds. (b) No rights or equities would be created in favour of the petitioners by virtue of the provisional certificate. (c) A decision in this writ petition would bind the petitioners and if, in this litigation, they are found to be dis-entitled to the validity certificate for Mannervarlu Scheduled Tribe, they would return all the benefits drawn by them and the admissions to the professional courses by virtue of such provisional certificates, would be cancelled and such educational certificate/degree certificate, would stand confiscated. 7. Such affidavit shall be filed in this Court by tomorrow i.e. 3. 12.2021 and copies should be supplied to the learned AGP. Pursuant to these compliances, respondent no.2 shall issue provisional tribe validity certificates so as to facilitate the participation of the petitioners in the CAP rounds. 8. List this petition on 21.12.2021 for final hearing at admission stage.