FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4562 OF 2011 “Kum. Priya d/o. Gopichand Baviskar 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. D.R. Irale Patil, Advocate for petitioner. Mr. V.H. Dighe, AGP for respondent No.1. Mr. R.P. Phatke, Advocate for respondent No.2. --- CORAM :- D.B. BHOSALE & S.B. DESHMUKH, JJ. DATE :- 27TH JUNE, 2011. PER COURT :- 1] Rule. Rule made returnable forthwith. By consent of parties, taken up for final hearing. 2] In this petition, the petitioner, who is a student of the Engineering course, has made the following prayers :- "(B)The Hon'ble Court may be pleased to pass necessary order and quash and set aside the impugned communication No. PICT/DSK/ADM/254/11 dated 19/4/2011 passed by the respondent No.3. (B1) Quashing and setting aside the impugned order dated 19.4.2011 passed by the respondent No.3 on FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4562 OF 2011 “Kum. Priya d/o. Gopichand Baviskar 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 communication of Pravesh Niyantran Samiti respondent No.4 under challenge, the respondent No. 2 may kindly be directed to decide the claim of petitioner, as early as possible.” 3] We have perused the contents of the writ petition, so also, the annexures thereto and, more particularly, Exhibit B to the writ petition, which is a letter dated 2/1/2009, written by the Arts, Commerce and Science College, Chopda, District Jalgaon to the respondent No.2 committee and the letter dated 20/6/2010, received by the petitioner from the Scrutiny Committee. 4] It is clear that the petitioner's tribe claim/proposal is pending before the respondent Scrutiny Committee since 2009. It is also clear that the proposal for considering the petitioner's tribe claim was forwarded by the College to the Scrutiny Committee even before petitioner's admission to Engineering Course. Keeping that in view and consider the overall facts and circumstances of the case, we are satisfied that the following order shall meet the ends of justice :- FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4562 OF 2011 “Kum. Priya d/o. Gopichand Baviskar 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 O R D E R [i] Petitioner is directed to appear before the Scrutiny Committee on 15th July, 2011, alongwith a copy of this order and other documents in support of his tribe claim. [ii] Respondent Scrutiny Committee shall endeavour to decide the tribe claim of the petitioner, as expeditiously as possible and preferably within six months from the date of appearance of the petitioner before it. [iii] The impugned letter dated 19/4/2011 issued by respondent No.3 institute shall remain in abeyance till the decision of the Scrutiny Committee is communicated to the petitioner. If the order of the Scrutiny Committee is adverse to the petitioner, the same shall remain stayed for a period of 15 days from the date of its communication. [iv] It is needless to mention that it would be open to respondent No.3 to take appropriate action if the tribe claim of the petitioner is finally rejected by the Scrutiny Committee. Rule made absolute in aforesaid terms with no orders as to costs. An authenticated copy of this order be given to the learned counsel for parties, to act upon. [S.B. DESHMUKH,J.] [D.B. BHOSALE, J.] grt/-