1 Wp5107.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. WRIT PETITION NO. 5107 OF 2010 Swapnil Subhash Gaikwad.. ...... ...... ..Petitioner. V/s State of Maharashta & Ors. ...... ...... ..Respondents Mr.R.K.Mendadkar, Adv. For the petitioner. Mrs.M.P.Thakur, AGP for respondent Nos. 1 to 3. CORAM: D.D. SINHA AND MRS.MRIDULA BHATKAR, JJ. 13th July, 2010. PC: Heard learned counsel for the petitioner and learned assistant government pleader for the State. The petitioner is seeking a direction to respondent No.3 to accept the preference form for consideration of grant of admission to 1st year MBBS course. Counsel for the petitioner has submitted that the caste claim of the petitioner was referred to the Caste Scrutiny Committee on 25.9.2009 i.e. before the cut off date i.e. 30.11.2009 as stipulated in Government Resolution dated 1.11.2000. It is contended that caste claim of the petitioner is pending for verification before the Caste Scrutiny Committee at this stage. It is therefore contended that in such situation direction be given to respondent No.3 accordingly. Learned assistant government pleader does not dispute that as per the government resolution dated 1.11.2000 if the caste claim of a candidate which was referred to Caste Scrutiny Committee prior to 30.11.2009 the preference form of such candidate is required to be considered by the appropriate authority on its own merit in accordance with law and procedure applicable in this regard. It is also brought to our notice that the caste claim of 2 Wp5107.10 the petitioner which was referred to the Caste Scrutiny Committee for verification prior to 30.11.2009, the Committee is required to take decision in this regard before 31.5.2010. 2. Considering the contentions canvassed by the respective counsel for the parties, since it is not in dispute that the petitioner’s caste claim was referred to the Caste Scrutiny Committee before 30.11.2009 and the same has not been decided by the Committee till today, in the circumstances, we pass sthe following order. 3. Respondents are directed to accept the preference form of the petitioner and consider the petitioner from the reserved category for grant of admission if the petitioner is otherwise eligible, qualified and satisfies the requirement of the rules of admission. It is made clear that in case the petitioner is granted admission same will be provisional and shall not create any equity in favour of the petitioner. The admission of the petitioner shall be subject to result of the verification proceedings pending before the Caste Scrutiny Committee. The Caste Scrutiny Committee is directed to decide the claim of the petitioner in accordance with law and the procedure applicable in this regard within a period of six weeks from today. With these directions writ petition stands disposed of. (D.D.SINHA, J.) (MRS.MRIDULA BHATKAR, J.)