1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 3907 OF 2008 (Sumit Marotsingh Bilgaye .v. State of Maharashtra and others) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : D.D. SINHA AND PRASANNA B. VARALE, JJ. 24TH SEPTEMBER, 2008 Heard Shri S.P. Deshpande, the learned Counsel for the petitioner, Shri D.B. Yengal, the learned AGP for the respondent Nos.1 and 4, Shri A.D. Thakre, the learned Counsel holding for Shri N.W. Sambre, the learned Counsel for the respondent No.2 and Smt. T.D. Khade, the learned Counsel for the respondent No.3. The learned Counsel for the petitioner states that the petitioner, who was given admission in MBBS Course in the academic session 2005-2006 provisionally, was subject to verification of caste claim by the Caste Scrutiny Committee. It is submitted that the result of the first year MBBS examination was also declared provisionally and the petitioner was permitted to attend second year MBBS classes and was also permitted to appear in the examination, during the pendency of the 2 verification of the caste claim of the petitioner by the Caste Scrutiny Committee. It is contended that the petitioner appeared for second year MBBS final examination which was held in the month of June-July, 2008. However, the result of the said examination was not declared and the Caste Scrutiny Committee has also not decided the caste claim of the petitioner. It is, therefore, prayed that the directions to the respondent/ University to declare the result of the petitioner as well to the Caste Scrutiny Committee to decide the caste claim of the petitioner be given. In the circumstances, we dispose of the petition with a direction to Nagpur University to declare the result of second year MBBS examination of the petitioner and the Caste Scrutiny Committee is also directed to decide the caste claim of the petitioner within a period of two months from the date of communication of this order. It is made clear that the admission to MBBS Course and the declaration of the results of the first year and second year MBBS examinations are totally provisional and will not create any equity in favour of the petitioner and shall be subject to the result of the decision of the Caste Scrutiny Committee and if the caste claim of the petitioner is invalidated, the admission of the petitioner to MBBS 3 course as well as performance in the respective examinations shall stand cancelled. Steno copy of this order duly authenticated by the Court Sheristedar be given to the learned Counsel for the parties, on payment of usual charges. JUDGE JUDGE *rrg.