1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7431 OF 2010 Ku. Kiran D/o Dindayal Gore, Age : 20 Years, Occu. : Student, R/o Gangapur, Tq. & Dist. Latur .. .. Petitioner Versus 1. The State of Maharashtra, Through it's Secretary, Medical Education and Drugs Department, Mantralaya, Mumbai - 32. 2. The Scheduled Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, through its Deputy Director (R), Aurangabad. 3. The Registrar, Maharashtra University of Health Science, Nashik. 4. The Dean, Government Medical College, Miraj, Dist. Sangli. .. .. Respondents Shri P. V. Jadhavar, Advocate for the Petitioner. Smt. A. V. Gondhalekar, A.G.P. for Respondent Nos. 1 and 4. Mrs. Sarika Deshpande, Advocate h/f Shri R. P. Phatake, 2 Standing Counsel for the Respondent No. 2. Shri Bade Patil, Advocate for the Respondent No. 3. CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 18TH AUGUST, 2010. ORAL JUDGMENT (PER P. V. HARDAS, J) : . Rule. Rule returnable forthwith. With the consent of learned counsel for parties this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of the Constitution of India, the petitioner prays for issuance of a writ directing the respondent Nos. 3 and 4 to declare the result of the petitioner of M.B.B.S. first year degree course and to give admission to the petitioner for second year M.B.B.S. degree course and also prays for directing Scrutiny Committee to decide the tribe claim of the petitioner which is pending before it. 3. In the light of limited relief which the petitioner has sought for in this petition, we deem it appropriate to decide this petition at this stage. The petitioner who had been granted admission on 3 a seat which was reserved for S.T. category candidate on the strength of the certificate issued to her by the competent authority, has completed the term of first year M.B.B.S. course. The caste claim of the petitioner has been referred to the Scrutiny Committee and the same is pending consideration with the Scrutiny Committee. 4. In that light of the matter, therefore, we allow this petition and direct the respondent No. 3 to declare the result of the petitioner for first year M.B.B.S. course and to consider the petitioner as eligible for admission to the second year M.B.B.S. course if the petitioner is otherwise eligible. We also direct the respondents not to take any adverse action against the petitioner solely on the ground that the petitioner has failed to produce validity certificate. In order to ensure that the caste claim of the petitioner is expeditiously decided, we direct the petitioner to appear before the Scrutiny Committee on 07th September, 2010 and further direct the Scrutiny Committee to decide the caste claim of the petitioner within one year of 07th September, 2010. 05. Rule is thus made absolute on the above said terms with no order as to costs. 4 06. Copy duly authenticated by the Sheristedar of this Court be given to the parties to act upon. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/Aug 10