WP 1835/11 - 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1835/2011 Dipak Pundlik Koli, age 20 yrs., occu.student, r/o at post Dambhurni, Tq.Yawal Dist.Jalgaon. At present studying at Solapur ...Petitioner.. Versus 1] Scheduled Tribe Caste Certificate Scrutiny Committee, Nandurbar. Tq. & Dist.Nandurbar. 2] The Maharashtra University Health Science, Nashik Division, Nashik, Vani Road, Mhasrul, Nashik. Through its Registrar. 3] Dr.Vaishampayan Memorial Govt. Medical College, Opp.District Court, Solapur. Through its Dean. ...Respondents... ..... Shri V.B. Patil, Advocate for petitioner. Shri R.P. Phatake, Advocate for respondent no.1. Shri K.C. Sant, Advocate for respondent no.2. Respondent no.3 served. ..... WP 1835/11 - 2 - CORAM: D.B. BHOSALE & M.T. JOSHI, JJ. DATE: 08.04.2011 PER COURT : 1] Heard learned counsel for the respective parties. Rule. Rule made returnable forthwith for final disposal at the stage of admission with the consent of learned counsel for the respective parties. 2] In this writ petition, under Article 226 of the Constitution of India, the petitioner has made the following prayers: "[B] By appropriate writ, order or directions, in the like nature of writ, may please be direct the respondent no.2 the Maharashtra University of Health Science, Nashik to forthwith to declare the result of the petitioner of second year MBBS Course in respect of examination held in November / December 2010 which is withheld as per Exhibit ____ and may please further direct the respondents to allow the petitioner to continue his further education of MBBS course. [C] By appropriate writ, order or directions, in the like nature of writ, may please kindly be direct the respondent no.2 Scrutiny committee, Nandurbar to decide the tribe claim of the petitioner within a reasonable period by granting all opportunities." WP 1835/11 - 3 - 3] There is no dispute that the petitioner's caste certificate was forwarded to respondent no.1 - scrutiny committee in 2006 when the petitioner was in junior college. The petitioner claims that he approached the scrutiny committee on several occasions for deciding his caste claim expeditiously. By letter dated 28.2.2011, the scrutiny committee has informed the petitioner that they will require some more time to decide his caste claim. Since the petitioner has not submitted caste validation certificate till this date, the respondent - University has not declared his second year MBBS result. Learned counsel for the petitioner submits that the respondent no.2 - University is not issuing examination form to him and/or allowing him to fill in the examination form. Hence, the petitioner has approached this Court for the afore-mentioned prayers. 4] We have perused the petition and the annexures thereto. Having considered overall facts and circumstances of the case, we are satisfied that this petition can be conveniently disposed of by the following order. 5] Respondent no.2 - University is directed to declare the petitioner's result of the second year MBBS course within a period of two weeks from today and they shall also allow the petitioner to submit his examination form for the forthcoming third year MBBS examination. Respondent no.1 - scrutiny committee shall decide the petitioner's caste WP 1835/11 - 4 - claim as expeditiously as possible and preferably within a period of eight months from the date of receipt of this order. It is made clear that the petitioner shall not claim any further benefits on the basis of the caste certificate, unless its validity is determined by the scrutiny committee. Rule is disposed of in terms of above order. No costs. Office to issue authenticated copy of the order to the learned counsel for the parties on demand. (M.T. JOSHI, J.) (D.B. BHOSALE, J.) ndk/84113