{1} wp1083710.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.10837 OF 2010 Deepak s/o Pandharinath Salunke, age: 23 years, Occ: Student, R/o Jamner, Taluka Jamner, District Jalgaon, through his father Pandharinath s/o Devidas Salunke, age: 46 years, Occ: Service, R/o Jamner, District Jalgaon. Petitioner Versus 1 The State of Maharashtra, through its Secretary, Medical Education & Drugs Department, Tribal, Mantralaya, Mumbai. 2 The Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Division, Nandurbar. 3 The Dean, Topiwala National Medical College, Mumbai. 4 Maharashtra University of Health Sciences, Nasik, through its Registrar. Respondents Mr.S.R.Barlinge, advocate for petitioner Mr.V.H.Dighe, A.G.P. for respondents no.1 & 3. Mr.R.P.Phatke, advocate for Respondent No.2. Mr.K.D.Bade Patil, advocate for Respondent No.4. {2} wp1083710.odt CORAM : B.R.GAVAI AND R.M.BORDE, JJ. DATE : 06 th December, 2010 ORAL JUDGMENT (Per B.R.Gavai, J.): 1 Leave to correct. 2 Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties. 3 The grievance raised by the petitioner in the present petition is that though this Court, vide order dated 15.07.2009, has directed Respondent No.2-Committee to decide the caste claim of the petitioner within four months from the date of the order, the same has not been decided and since decision by the Respondent No.2 – Committee is not taken, result of the petitioner of final year M.B.B.S. Examination was not declared by the Respondent No.4. 4 When this Court directed the Respondent No.2 – Committee to decide the caste claim of the petitioner within stipulated time, the Committee was duty bound to do so. In any case, the petitioner cannot be penalised on account of the Committee not deciding the claim of the petitioner. 5 In that view of the matter, we dispose of the petition with following directions: {3} wp1083710.odt (i) The Respondent No.2-Committee shall decide the claim of the petitioner within a period of six months from today. The petitioner to appear before the Committee on 17.01.2011 and as such requirement of formal notice to the petitioner stands waived. (ii) The Respondent No.4 shall declare the result of the petitioner and if the petitioner is successful in the said examination, the Respondents shall permit him to complete internship. (iii)However, it is made clear that till the caste claim of the petitioner is decided by the Respondent No.2-Committee, the petitioner shall not be entitled to take further benefits of he belonging to Scheduled Tribe. (iv)Rule is made absolute in aforesaid terms with no order as to costs. R.M.BORDE B.R.GAVAI JUDGE JUDGE adb/wp1083710