1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5347 OF 2009 Girish S/o Dayanand Pawar } Age : 18 Years, Occ. : Student, } R/o : Narangwadi, Tq. Omerga, } Dist. Osmanabad. } .... PETITIONER V E R S U S 1. The State of Maharashtra } Through its Secretary } Tribal Development Department, } Mantralaya, Mumbai . } 2. The Committee for Scrutiny and } Verification of Tribe Claims, } Aurangabad. } 3. Shri Guru Govindsinhji Institute } of Engineering and Technology, } Vishnupuri, Nanded through its } Director. } .... RESPONDENTS Mr. S.R.Barlinge, Advocate for petitioners. Mr. S.V.Kurundkar, Additional Govt. Pleader for State. Mr. U.S. Malte, Advocate for respondent no. 2. CORAM : P.V.HARDAS & S.V.GANGAPURWALA, JJ. DATE OF JUDGMENT : 26/03/2010 2 JUDGMENT : ( PER – S.V.GANGAPURWALA, J.) 1. Rule. Rule made returnable forthwith. With the consent of the parties, this petition is heard finally at the stage of admission. 2. We have heard Mr. S.R .Barlinge, Advocate for petitioners, Mr. S.V. Kurundkar, Additional Govt. Pleader for State and Mr. U.S. Malte, Advocate for respondent no. 2. 3. The petitioner claims that he belongs to “ Thakur – Scheduled Tribe ” and has submitted his certificate for verification to the Scrutiny Committee on 14/11/2006. It is contended by the petitioner that on the basis of caste certificate, the petitioner was admitted to First year course in Computer Science and Engineering at the respondent no. 1 – Institute from Scheduled Tribe category. The respondent no. 3 allowed petitioner to prosecute his studies for first year B.Tech. Computer Science and Engineering course and allowed him to appear for the examination of the First year in which the petitioner was successful. It is further contended by the petitioner that he is entitled to get admission in the 2nd year Engineering course, however, respondent no. 1 refused to admit the petitioner in the 2nd year Engineering course. The Committee has issued a letter dated 17/7/2009 informing the petitioner that his claim is pending and the process of verification is in progress. 3 4. In the present petition, the petitioner has made a limited prayer that the respondent no. 2 be directed to decide the caste claim of the petitioner expeditiously and the petitioner be allowed to prosecute his studies in the 2nd year Engineering course subject to the decision of the Scrutiny Committee. 5. We do not find any impediment to grant said relief to the petitioner. We hereby direct the respondent no. 2 to decide the Tribe claim of the petitioner within period of six months from today and further direct the respondent no. 3 to allow the petitioner to prosecute his studies , if otherwise eligible, for the 2nd year Engineering course subject to the decision of the Scrutiny Committee. 6. Rule is made absolute in the above terms with no order as to costs. [ S.V.GANGAPURWALA ] [ P.V.HARDAS ] JUDGE JUDGE knp/WP 5347.09 ( J )