1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 6580 OF 2009 Nikhil s/o Madan Thakur, Age : 17 years, Occ. Student, R/o 132 KV Sub-Station, Prakasha Road, MSEB Quarters, Shahada, Tq. Shahada, Dist. Nandurbar, Through his father Mandan Mohan Thakur, Occu.Service, Age : 50, R/o Shahada, Dist. Nandurbar ..PETITIONER VERSUS 1. The State of Maharashtra Department of Tribal Development, Mantralaya, Mumbai - 32 Through its Secretary 2. The Scheduled Tribe Caste Certificate Scrutiny Committee, Nandurbar Through its Secretary 3. The Director of Technical Education, Maharashtra State, 3, Mahapalika Marg, Mumbai - 1 4. Padmashri Dr. Vithalrao Vikhe Patil College of Engineering, Vilad Ghat, Ahemadnagar-414111 Through its Principal ..RESPONDENTS Mr A.S. Golegaonkar, Advocate for the petitioner; Mr N.N. Jadhav, AGP for respondents no.1 & 3; Mr P.S. Patil, Advocate for respondent no.2; Mr A.D. Shinde, Advocate for respondent no.4. 2 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 5th October 2009 ORAL JUDGMENT [ PER P.V.HARDAS , J ] 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the 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 Scrutiny Committee to decide the claim of the petitioner which is pending since 30.11.2007 and also prays for directing respondents no.3 & 4 to permit the petitioner to prosecute his studies including declaration of the result of the petitioner, etc. 3. The petitioner came to be admitted on a seat which was reserved for Scheduled Tribes as the petitioner claimed to be belonging to "Thakur" - Scheduled Tribe. The certificate of the petitioner as belonging to "Thakur" - Scheduled Tribe came to be referred to the Committee on 30.11.2007 and since then the claim of the petitioner is pending consideration with the 3 respondents. Meanwhile the term of the undertaking submitted by the petitioner for production of the validity certificate expired on 30.9.2009. 4. In the light of the aforesaid relief, we are inclined to allow this petition. We accordingly direct the petitioner to appear before the Scrutiny Committee on 7.11.2009 and direct the Committee to decide the claim of the petitioner within six months of 7.11.2009. During the pendency of the aforesaid proceedings before the Scrutiny Committee, we direct the respondent no.4 not to cancel the admission of the petitioner on the sole ground that the petitioner has failed to produce the validity certificate. The petitioner be permitted to prosecute his studies during the pendency of the proceedings before the Scrutiny Committee. The result, etc. be declared and no hurdle be created for the petitioner to prosecute his studies. It is needless to state that the admission of the petitioner would be governed by the order which may be passed by the Scrutiny Committee. 5. Rule is thus made absolute on the above terms with no order as to costs. ( A.V. POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp6580.09 4