{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5744 OF 2009 Omkar S/o Atul Bhimale Minor u/g of his father Atul s/o Narayanrao Bhimale R/o Shivkrupa Housing Society RM76/3, Bajajnagar, Aurangabad PETITIONER VERSUS 1. The State of Maharashtra 2. The Principal Javahar Navodaya Vidyalaya (MS) Kannad, Dist-Aurangabad 3. The Caste Certificate Scrutiny Committee (Scheduled Tribe), Aurangabad RESPONDENTS ....... Mr.P.B.Kakade h/f Mr.G.S.Gadiwan, Advocate for applicant Mr.N.N.Jadhav, AGP for respondent No.1 Mr.Alok Sharma, Assistant Solicitor General for respondent No.2 Mr.U.S.Malte, Advocate for respondent No.3 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE: 22nd September 2009 ORAL JUDGMENT (PER P.V.HARDAS, J.) : 1. At the outset, learned counsel for petitioner seeks leave to add Scrutiny Committee, Aurangabad as respondent to this {2} petition. Leave granted. Amendment to be carried out forthwith. On such amendment being carried out Mr.Malte, learned counsel, accepts notice on behalf of respondent No.3 committee. 2. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties this petition is heard finally at the stage of admission. 3. By this petition, under Article 226 of the Constitution of India, the petitioner prays for issuance of a writ directing respondent No.2 not to cancel the admission of the petitioner and to permit the petitioner to attend classes of 6th standard and to provide necessary hostel and other facilities till the petitioner produces tribe certificate. 4. Such of the facts, as are necessary for the decision of this writ petition may briefly be stated thus- It appears that the petitioner appeared in 5th standard examination in academic year 2008-09 and in the meanwhile had applied for admission to 6th Standard in Javahar Navodaya Vidyalaya Entrance Test 2009. The petitioner, it appears, successfully passed the entrance test and accordingly came to be admitted in 6th Standard. The petitioner has been granted provisional admission, subject to the petitioner producing tribe certificate as belonging to Mahadeo Koli Scheduled Tribe. It {3} appears that in order to produce tribe certificate, the petitioner moved an application before the Sub Divisional Officer. We are now informed by the learned counsel for the petitioner that the said application of the petitioner came to be rejected on 10.09.2009 by the Sub Divisional Officer and against the said order, the petitioner is desirous of availing the remedy available to the petitioner in law i.e. filing of an appeal before the Scrutiny Committee. 5. Mr.Alok Sharma, learned Assistant Solicitor General, who appears for respondent No.2, has produced before us a communication dated 09.09.2009 addressed to the father of the petitioner stating that the petitioner has been granted provisional admission and the same would be continued, subject to the further orders which this Court may pass in this petition. It appears that by order dated 29.08.2009, this Court had restrained respondent No.2 from canceling admission of the petitioner on the sole ground that the petitioner had failed to produce tribe certificate. 6. In the light of the above facts, therefore, we are inclined to allow this petition. We accordingly allow this petition and direct respondent No.2 to continue the provisional admission of the petitioner for a period of 7 months from today in order to enable the petitioner to challenge the order of the Sub Divisional Officer before the Scrutiny Committee at Aurangabad. We further direct the Scrutiny Committee that in the event appeal is filed on {4} behalf of the petitioner, the Scrutiny Committee shall make every endeavour to dispose of the same in accordance with law as expeditiously as possible and in any case not latter than 31st December 2009. We further direct respondent No.2 that in the event the petitioner fails to obtain necessary caste certificate, the admission of the petitioner shall be continued and the petitioner be allowed to appear in the examination and to declare result of the petitioner. Further admission of the petitioner to standard 7 would be dependent upon the orders that may be passed by the Scrutiny Committee in appeal. The petitioner shall not claim any equities in law, in respect of grant of admission to the 7th standard in the event the petitioner fails to obtain the necessary certificate. 7. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp5744-09