1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1667 OF 2010 ----------------------------------------------------------------- Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s or directions and Registrar’s | orders orders | ----------------------------------------------------------------- Mr. V.P. Golewar, Advocate for the petitioner. Mr. U.S. Malte, Advocate for respondsent No.1. Mr. S.K. Tambe, A.G.P. for respondent No.3. CORAM : A.M. KHANWILKAR, AND S.S. SHINDE, JJ. DATE : 4TH MARCH, 2010 The petitioner got admission for B.A.M.S. degree Course and successfully passed Ist and 2nd year B.A.M.S. Degree Course examination. The petitioner had appeared for final year B.A.M.S. Degree Course examination, however, due to inaction on the part of respondent No. 1 Committee to decide the tribe claim of the petitioner, he could not submit the validity certificate of his tribe claim 2 to respondent No.2 and therefore, respondent No. 2 has withheld the result of final year of B.A.M.S. Degree Course examination. Hence this writ petition is filed seeking directions to respondent No.2 to declare the result of the final year B.A.M.S. Degree Course examination and allow the petitioner to participate in the internship of one year. The petitioner has also sought direction to respondent No. 1 Committee to decide the tribe claim of the petitioner pending before it, as early as possible and within stipulated time. 2. The fact that the petitioner has already submitted his claim for verification to the Scrutiny Committee is not in dispute. It is also not in dispute that Scrutiny Committee failed to decide caste claim of the petitioner. That reason is beyond the control of the petitioner. The petitioner cannot be blamed for the inaction of the Scrutiny 3 Committee. Caste Scrutiny Committee, on the other hand, expressed inability to decide due to pressure of work. 3. In the circumstances, we think it appropriate to dispose of this petition with direction to the Caste Scrutiny Committee to decide the caste claim of the petitioner as expeditiously as possible and in any case, not later than three months from today. We direct the respondent No. 2 to declare the result of final year B.A.M.S. Degree Course of the petitioner and allow him to participate in the internship, if in case he is declared to have successfully passed the said examination, subject to validation of the caste certificate of the petitioner by the Scrutiny Committee. In the event, Caste Scrutiny Committee were to validate the caste claim of the petitioner, the petitioner would be entitled to pursue the internship against the reserved seat. 4 4. The petitioner to appear in the office of Scrutiny Committee on 15-03-2010 at 11-00 a.m. on which date, the Committee may schedule the date of hearing of the caste claim of the petitioner. The petitioner shall extend full co-operation for final disposal of his caste claim. 5. The petition is disposed of on the above terms. ( S.S. SHINDE, J. ) (A.M. KHANWILKAR,J.) sut/MAR10/wp1667.10