ASN 1 WP-3660.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3660 OF 2011 Muhammed Anas Abdulla Dandu. ..Petitioner. Vs. State of Maharashtra and ors. ..Respondents. Mr.M.V.Thorat for the Petitioner. Mr.C .R.onawane, AGP. For Respondent Nos. 1 to 3 and 5. Mr. Bakul B. Bhosale i/by S.B.Shetye for Respondent No.4. CORAM : MOHIT S. SHAH, C. J. AND GIRISH S. GODBOLE, J. Thursday, 5 th May, 2011 PC: Rule, returnable forthwith. 2 Mr. C.R.Sonawane, A.G.P. waives service on behalf of the respondent Nos. 1 to 3 and 5 and Mr. S.B.Shetye waives service on behalf of respondent No.4. 3 The petitioner’s claim that the petitioner is belonging to Koya caste which is recognized as Scheduled Tribe is pending before respondent No.3 Divisional Tribe Scrutiny Committee at Pune. Previously the petitioner’s claim was rejected. However, in the Writ ASN 2 WP-3660.sxw Petition No.6684 of 2010, by order dated 31st August, 2010, this Court set aside the said order and remanded the matter back to the committee with further directions to complete the enquiry and make fresh order within three months from 27th September, 2010. In spite of the aforesaid directions, the committee has not taken any decision. In the mean time, the petitioner appeared for first year MBBS examination in December, 2010 but on account of pendency of claim before the committee, the petitioner’s result was not declared though the result of other students was declared on 8th March, 2011. The petitioner, therefore, submits that on account of inaction on the part of the committee, the petitioner should not be made to suffer. Since the result of the first year MBBS examination is not declared, the petitioner is not allowed to join second year MBBS Course. 4 In view of the above, we dispose of the petition directing that the committee shall decide the pending claim of the petitioner within six months from the date of receipt of this order. In the mean time, the respondent No.4 Maharashtra University of Health Sciences, Nashik and respondent No.2 The Dean, Dr. Vaishampayan Memorial Govt. Medical College, Solapur shall declare the petitioner’s result of the first year MBBS Course. It is clarified that this permission shall abide by the final result of the Tribe claim of petitioner. In case the petitioner is declared to have failed at the first year MBBS examination and the petitioner is otherwise eligible to appear for ATKT examination, then petitioner shall be allowed to appear ASN 3 WP-3660.sxw for the said examination and the petitioner shall not be made to suffer on the ground that the petitioner could not produce the Caste Validity Certificate from the Caste Scrutiny Committee. 5 The petitioner will be permitted to submit the examination form by 10th May, 2011. 6 Petition stands disposed of accordingly. 7 Parties to act on a copy of this order duly authenticated by the registry of this Court. CHIEF JUSTICE GIRISH S. GODBOLE, J.