1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5696 OF 2008 Hitesh s/o. Vinod Suryawanshi, Age 17 years, Minor, under guardianship of Vinod s/o. Vasantrao Suryawanshi, Age 43 years, Occ. Service, R/o. House No. 2694, Varchegaon Rathgalli Shirpur, Tq. Shirpur Dist, Dhule. .. petitioners Versus 1] The State of Maharashtra through Director of Technical Education Maharashtra State, 3, Mahapalika Marg, Post Box No. 1967, Mumbai 400 001. 2] The Principal, The Shirpur Education Societies R.C. Patel Institute of technology Shir 425 405, Dist. Dhule. 3] The Registar, North Maharashtra University Jalgaon 4] Deputy Director Cum Member Secretary of Scheduled Tribe Certificate Verification Committee Nandurbar. 2 5] The Secretary, Pravesh Niyantran Samiti Polytechnic Building, 49, Aliyawar Jang Marg, Kherwadi Road, Bandra (E) Mumbai 400 051. .. Respondent. --- Mr. M.K. Deshpande, Advocate for petitioner. Mr. Uday Malte, Advocate for respondent No.2 Mr. M.S.Deshmukh Advocate for respondent No.4 Mr. S.K. Tambe, AGP for respondent No.1. CORAM : B.R. GAVAI & N.D.DESHPANDE,JJ. DATE : 26th August, 2009. ORAL ORDER :- 1] Rule. Rule made returnable forthwith. Heard by consent. 2] By way of present petition, the petitioner has prayed for a direction, directing the respondent Nos. 1 to 3, to continue the admission of the petitioner in First year Engineering (Electronics and Telecommunication) during the academic year 2008-09. against the seat meant for Scheduled Tribe. 3] The petitioner claims to be belonging to “Thakur Scheduled Tribe” The petitioner applied for admission to the Engineering course and was accordingly vide communication dated 23/7/2008, informed by the respondent No.1 that the his admission would be confirmed subject to the 3 validity certificate, which was to be produced on or before 30th September, 2009. 4] Though the petitioner had submitted the documents to the respondent No.4 Committee, the same did not decide the issue of validity. The petitioner was, therefore, required to approach this court by filing the present petition. This court, vide order dated 29th September, 2008, granted Interim Relief in terms of prayer clause (D). 5] However, during the pendency of the present petition, the petitioner applied for 1st year Engineering course and also appeared for the examination. Since the petitioner has not produced on record the validity certificate, his result is not declared and his performance has been cancelled. The petitioner has, therefore, amended the petition. 6] We find that the claim of the petitioner has not been decided by the respondent No.4 committee due to the reasons beyond the control of the petitioner. The petitioner , therefore, cannot be made to suffer for non- decision of the claim of the petitioner by the respondent No.4 . In that view of the matter, we are inclined to dispose of the petition, with the following directions. 7] I] The order dated 7th July, 2009, thereby cancelling the admission of the petitioner for 1st year Engineering course for the year 2008-09 is quashed and set aside. The respondent No.3 is directed to declare the result of the petitioner for the examination of the 1st year 4 Engineering Course. It is further directed that in the event, the petitioner clears the said examination, he shall be admitted for 2nd year course, subject to the decision of the respondent No.4 Committee. II] The respondent No.4 committee is directed to decide the claim of the petitioner within 2 months from the date of appearance of the petitioner before the committee. III] The petitioner to appear before the respondent No.4 committee on 14th September, 2009 and the respondent No.4 committee, shall thereafter decide the claim of the petitioner, within 2 months therefrom. Needless to state that in the event the claim of the petitioner is invalidated by the committee, his admission shall stand cancelled. IV] An authenticated copy of this be given to the parties to act upon. Rule made absolute in above terms. There shall be no orders as to costs. [N.D. DESHPANDE, J.] [B.R. GAVAI,J.] Grt/-