1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.4990 OF 2010 Shoeb Mohammad s/o Abdul Hafeez, Age 18 years, Occu.Student, R/o 6-1-253, Gulshan Villa, Kumar Tekdi, Nanded 431 604 .. PETITIONER VERSUS 1. The State of Maharashtra, Through Secretary, Department of Medical Education and Research, Mantralaya, Mumbai 2. The Director of Medical Education and Research, Mumbai 3. The Government Medical College, Aurangabad, Through its Dean 4. Divisional Caste Certificate Verification Committee 2, Latur Through its Secretary 5. The Maharashtra University of Health Sciences, Nasik Through its Registrar ..RESPONDENTS Mr.B.N.Gadegaonkar, Advocate for petitioner Mr.K.J.Ghute Patil, Assistant Govt.Pleader for respondents 1 to 4 Mr.K.D.Bade Patil, Advocate for respondent No.5 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 10th June 2010 2 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. Rule. Rule 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 quashing and setting aside the notice issued by respondent No.3 – College informing the petitioner to submit his validity certificate; failing which his admission would be cancelled. The petitioner also prays for directing the caste scrutiny committee to decide the pending caste claim of the petitioner. 3. According to the petitioner, the process of verification of the caste claim of the petitioner is nearing conclusion as the petitioner has been summoned to appear before the scrutiny committee on 8th July 2010. In such circumstances, according to us the scrutiny committee needs to be directed to expeditiously decide the caste claim of the petitioner. However, during the pendency of the verification process, according to us it would be extremely arbitrary to cancel the admission of the petitioner. 3 4. In that light of the matter we, therefore, allow this petition and quash and set aside the impugned notice and direct the authorities not to take any adverse action against the petitioner for his failure to produce the validity certificate within time. We also direct the scrutiny committee to expeditiously decide the caste claim of the petitioner preferably within six months from today and communicate the decision thereon to the petitioner. 5. Rule is thus made absolute on the above terms with no order as to costs. 6. Copy of this judgment duly authenticated by the Court Sheristedar of this Court be provided to the learned Counsel for the parties to act upon. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/4990.10wp)