1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. CIVIL APPLICATION NO.5003 OF 2008. IN WRIT PETITION NO.4819 OF 2007. Ku.Pranali Arun Narnaware .vs. The State of Mah. and others. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. Mr.R.S.Parsodkar, Advocate for the petitioner. Mrs.K.S.Joshi, A.G.P. for respondent no.1. Mr.N.W.Sambre, Adv.for respondent no.2. Coram: ANOOP V. MOHTA and C. L. PANGARKAR J. Dated : 5th AUGUST, 2007. 1. In the matter of invalidation of caste claim of the petitioner, by order dated 23rd October, 2007 while issuing notice, this court has granted ad interim stay to the impugned order dated 30th June, 2007 (Annexure 11). The operative 2 order of the impugned order is as under - “For all the aforesaid reasons the claim of Ku.Pranali Arun Narnaware, towards Mana Scheduled Tribe is held to be invalid. The caste certificate issued to him by the sub-Divisional Officer, Yavatmal bearing RCNo.550/-MRC-81/2004/2005 Yavatmal on 8/7/2005 is hereby cancelled and confiscated.” Respondent no.1 and 2 were heard at that time. 2. As per the petitioner, respondent no.3 has knowledge of the above interim order at least prior to 25/6/2008. 3. By order dated 22nd July, 2008, an application for addition of respondent no.4 was allowed . The notice accordingly was also served to respondent no.4 i.e. Sant Gadgebaba University, Amravati. 4. By this application 3 dated 2nd July, 2008, as respondent no.2 inspite of interim order passed by this court staying effect and operation of the impugned judgment dated 25th June, 2008, has cancelled the admission itself for want of certificate, therefore praying for stay of the same. 5. Though the copy of this application is served on respondent no.3, none present on their behalf. 6. At this stage, admittedly, this court has stayed the impugned order (Annexure 11). In view of this, unless the said order is vacated, there was no reason for respondent no.3 to cancel the admission by the communication dated 25/6/2008, specially when the petitioner admittedly appeared for 2nd Semester examination in April 2008 itself and the results are awaited. Respondent no.3, now cancelled the admission itself. 7. In view of this, we are inclined to grant this application in terms of prayer clause (A). It is 4 made clear that it is subject to decision of the writ petition. The application is allowed accordingly with liberty. JUDGE. JUDGE. chute