- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3646/2009 Kum.Archana d/o Anil Adhatrao, age 23 yrs., occu.student, r/o 1/277, MC Plot, Limbojinagar, Osmanabad Dist.Osmanabad. ...Petitioner.. Versus 1. The State of Maharashtra, Department of Medical Education & Drugs, Mantralaya, Mumbai-32. Through its Secretary. 2. Maharashtra University of Health Sciences, Vani Road, Nashik. Through its Registrar. 3. The Dean, Government Medical College, Jubilee Park, Aurangabad. 4. The Director of Medical Education & Research, CET Cell, St.George’s Hospital Compound, Opp.Govt.Dental College Building, Near Chhatrapati Shivaji Terminus (CST), Mumbai- 400 001. ...Respondents... ..... Shri A.S. Golegaonkar, Advocate for petitioner. Shri V.B. Ghatge, AGP for respondent nos.1, 3 & 4. Shri K.D. Bade Patil, Advocate for respondent no.2. ..... CORAM: P.V. HARDAS & A.V. POTDAR, JJ. DATE: 10.08.2009 ORAL JUDGMENT (Per Hardas, J.) : - 2 - 1] Heard learned counsel for the parties. 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 nos.2 & 3 to issue internship completion certificate for award of M.B.B.S. Degree to the petitioner. 3] Facts as are necessary for the decision of this petition may briefly be stated thus: The petitioner claims to be belonging to Mahadev Koli – scheduled tribe community and accordingly had obtained admission to the M.B.B.S. Course against a seat reserved for scheduled tribe category candidate. On 27.12.2001, the committee had invalidated the tribe claim of the petitioner and the petitioner had, therefore, filed Writ Petition No.2357/2002 in this Court. It appears that this petition alongwith another companion petition came to be allowed and this Court quashed and set aside the order of the respondent – scrutiny committee invalidating the tribe claim of the petitioner and remitted the matter back to the scrutiny committee for decision afresh. This Court directed that the claim of the petitioner be decided within six months from 26.3.2009. We are informed by the learned counsel for the parties that the verification proceedings are pending before the scrutiny committee. Meanwhile, the petitioner completed her M.B.B.S. Course and has also completed her internship. It also appears that the petitioner has, during pendency of the said petition, filed Civil Application No.945/2009 praying therein for issuance of directions to the respondent – college for issuance of internship - 3 - completion certificate and issuance of M.B.B.S. Degree certificate. However, since the college was incompetent to issue the said certificates, the petitioner has filed the present writ petition. 4] Since the claim of the petitioner is pending adjudication before the respondent – scrutiny committee and has still not been decided, we see no impediment whatsoever in directing the respondents to issue the certificates as prayed for by the petitioner. Shri K.D. Bade Patil, the learned counsel for respondent no.2, has objected to the relief being granted to the petitioner on the ground that the petitioner is not entitled for the equitable relief. According to us, since the claim of the petitioner is pending adjudication, there is no impediment whatsoever in granting the relief prayed for by the petitioner. 5] In the light of that, therefore, we allow this petition and make the Rule absolute in terms of prayer clause (B) to the petition with no order as to costs. We make it clear that issuance of the aforesaid certificates would be subject to the result of tribe verification proceedings pending before the scrutiny committee. (A.V. Potdar, J.) (P.V. Hardas, J.) ndk/c1080932