1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5899 OF 2009 Pathan Aseer Khan Mahmood Khan, Age-19 years, Occupation : Student, R/O. Baitul Karim, Galib Nagar, Darga Road, Parbhani – 431 401. PETITIONER VERSUS 1. The State of Maharashtra, Through Secretary, Education Department Mantralaya Mumbai – 400 032 2. Caste Certificate Scrutiny Committee, Aurangabad Division Aurangabad. 3. The Dean, The Mahatma Gandhi Mission Dental College Navi Mumbai 4. The Vice-Chancellor, Maharashtra University of Health Sciences, Wani Road, Mhasrul Nashik-422004. RESPONDENTS Mrs.A.N.Ansari, learned counsel for petitioner. Mr.N.B.Khandare, learned Government Pleader for respondent no.1 Mr.B.L.Sagar, learned counsel for respondent no.2 Mr.K.D.BadePatil, learned counsel for respondent no.4 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) 2 DATE : 07/09/2009 ORAL JUDGMENT : (Per P.V.Hardas, J.) 1. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of The Constitution of India, the petitioner prays for directing the respondent University to declare his result of 1st Year B.D.S.Course and to permit the petitioner to be considered for grant of admission to 2nd year B.D.S.Course for the academic year 2009-2010. The petitioner also prays for issuance of a writ to the Scrutiny Committee directing the Committee to decide the tribe claim of the petitioner. 3. According to the petitioner, the petitioner had submitted his tribe claim before the Scrutiny Committee some time in the year 2006 as the petitioner claimed to be belonging to Nomadic Tribe (Beldar). In fact the petitioner was granted admission to the 1st year B.D.S. Course on a seat which was reserved for Nomadic Tribe (Beldar). The respondents however had issued a communication to the petitioner, dated 10/07/2009 informing the petitioner that as the petitioner has not submitted the validity certificate, the result of the petitioner was being withheld. 4. According to us, since the petitioner had been granted admission to the B.D.S. Course on a seat which was reserved for 3 Nomadic Tribe (Beldar), it was incumbent for the petitioner to submit the validity certificate within a reasonable period. However, since the claim of the petitioner is pending consideration before the respondent Scrutiny Committee, and the petitioner can not be faulted for the delay in adjudication of the tribe claim, the result of the petitioner ought not to have been withheld. 5. In this circumstances therefore we are inclined to allow this petition at the stage of admission. We accordingly allow this petition and direct the petitioner to appear before the Scrutiny Committee on 05/10/2009 and direct the Committee to decide the tribe claim of the petitioner within 6 months of 05/10/2009. Meanwhile till the claim of the petitioner is adjudicated, the career of the petitioner can not be permitted to be jeopardized and accordingly we direct the respondent University to declare the result of the petitioner and also direct that if the petitioner is declared successful and found eligible, the petitioner may be considered for admission to 2nd year B.D.S. course for the academic year 2009-2010. 6. Rule is thus made absolute on the above terms with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/SEP 2009/wp5899-09