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│ SLP(C)3314/10 +2 │
│ continued their studies after having obtained │
│ certain benefits from their 'Caste Certificates'. │
│ We are now informed by Mr. Kanade, learned senior │
│ advocate, appearing for the petitioner(s), that the │
│ petitioner in the second Special Leave Petition, │
│ Amol, who is the son of Dattu Thakur, who is the │
│ petitioner in the main Special Leave Petition, has │
│ in the meantime, appeared for the B.Pharmacy │
│ examination but his results have not been declared. │
│ Similarly, Pratibha, daughter of Dattu Thakur, who │
│ is the petitioner in the other Special Leave │
│ Petition, has appeared for the B.Ed.examination and │
│ her result is also to be declared. │
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│ 7. In support of the case of the petitioner(s), │
│ an order passed by another Bench of this Court in │
│ C.A.No.7411 of 2010 (Swati Vs. State of Maharashtra │
│ & Ors.), on 6th September, 2010, was brought to │
│ our notice, wherein in similar circumstances, the │
│ Court while dismissing the civil appeal, directed │
│ that the benefits that had already been enjoyed by │
│ the candidate, and the degree obtained by her in │
│ the BDS course, which she had completed, would │
│ continue. The Court further directed that she │
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JUDGMENT
8. We are of the view that this being a case of a similar nature, the decision of the said Bench may also be applied to the facts of this case.
9. Accordingly, while dismissing all the three Special Leave Petitions, we direct that whatever advantage the three petitioners in the three Special Leave Petitions, may have derived on the basis of their 'Caste Certificates', shall not be disturbed and the cancellation of their respective 'Caste Certificates' will not deprive them of the benefits which they have already enjoyed. However, we also make it clear that none of the three petitioners in the three respective Special Leave Petitions, will be entitled to take any further advantage of reservation in future, either for studies or for employment. Following the judgment in Swati's case, we also direct that if the petitioners in the 2nd and 3rd Special Leave Petition, have obtained any concession by way of reduction in fees, as a reserved candidate, they will have to make good the same by paying the difference in fees that is being paid by general candidates. Such payment has to be made within a period of six months and in default of such payment, this order will cease to have any effect.
10. The results of the 2nd and 3rd petitioners shall, therefore, be published in view of this judgment.
11. There will be no orders as to costs ......................... J. (ALTAMAS KABIR) ......................... J. (SURINDER SINGH NIJJAR) ......................... J. (J.CHELAMESWAR) NEW DELHI; December 07, 2011.