FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7140 OF 2011 "Mohammed Saifuddin s/o. Mohammed Moizuddin Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. P.G. Rodge, Advocate for petitioner. Mr. V.H. Dighe, AGP for respondent No.s CORAM :- B.R. GAVAI & M.T. JOSHI, JJ. DATE :- 21st SEPTEMBER, 2011. PER COURT :- 1] Heard. Rule. Rule made returnable forthwith. Heard by consent. 2] The petitioner is aggrieved by the condition in the Diploma Certificate issued by respondent No.2, to the effect that the said certificate would be valid for employment purpose only after producing caste validity certificate. 3] The petitioner, who was admitted to D.Ed. Course, against a seat reserved for scheduled tribe, had approached this court, since the result of the petitioner was not declared on account of non submission of validity certificate. The Division Bench of this court, vide order dated 15.6.2006, in W.P. No. 4028/2006, passed the following order :- FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7140 OF 2011 "Mohammed Saifuddin s/o. Mohammed Moizuddin Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 “We direct the respondent No.2 to declared the result of the petitioners of final D.Ed. Examination. The petitioners shall not claim any benefit on the basis of the caste certificate/caste status unless and until their caste claim is validated by the Scrutiny Committee. We accept the undertaking given by the petitioners in para.9 of the Writ Petition to that effect.” 4] According to the petitioner, he has already furnished an undertaking that he will not be claiming any benefits of Scheduled Tribe unless and until his caste claim is validated by the scrutiny committee. 5] Prima facie, we find that there is no error in the Diploma Certificate, which is impugned by the petitioner, inasmuch as, it specifies that after the caste validity certificate is issued, the certificate would be valid for employment on the basis of validity certificate. However, we find that in the event the petitioner wants to compete for employment against a post for General Category, the said endorsement would not come in the FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7140 OF 2011 "Mohammed Saifuddin s/o. Mohammed Moizuddin Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 way of the petitioner. 6] With these observations, writ petition is disposed of. Rule disposed of accordingly. No costs. [M.T. JOSHI,J.] [B.R. GAVAI, J.] grt/-