1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLICATION NO.:272 OF 2011 IN WRIT PETITION NO.: 2681 OF 2004 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CIVIL APPLICATION NO.:272 OF 2011 IN WRIT PETITION NO.: 2681 OF 2004 *** Shripad Babruwan Balwande VERSUS State Of Maha & Ors *** Mr. S C Yeramwar, Advocate for Petitioner Mr. A. V. Gondhalekar, A.G.P. for Respondent Nos.1, 3 to 6. Mr. A. S. Pavse, Advocate h/f Mr. K. C. Sant, Advocate for Respondent No.7. *** 1. Heard learned counsel for the parties. 2. By this application, the applicant is seeking direction to Respondent No.5 - College and Respondent No.7 - University to issue degree certificate as well as internship completion certificate to the petitioner. He has further prayed for direction to Respondent No.5 College to return his original documents which he had submitted at the time of admission. 2. The writ petition filed by the 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLICATION NO.:272 OF 2011 IN WRIT PETITION NO.: 2681 OF 2004 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. petitioner, challenging the order of the scrutiny committee, whereby his tribe claim has been invalidated, is pending for final hearing. While admitting the said writ petition, the order of status-quo, granted on 9th December, 2004, was directed to be continued pending the hearing and final disposal of the writ petition. BY virtue of the order of status-quo petitioner was allowed to continue his M.B.B.S. course. The petitioner accordingly completed the M.B.B.S. course and then filed this civil application for seeking the afore mentioned reliefs. Petitioner has also placed on record an undertaking stating that he shall not claim any further benefits on the basis of caste certificate until the writ petition is finally decided by the High Court. The undertaking given by the petitioner on affidavit dated 6th April, 2011 is accepted. 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLICATION NO.:272 OF 2011 IN WRIT PETITION NO.: 2681 OF 2004 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. In view of the undertaking, we are making it further clear that the petitioner shall not be allowed to seek admission for further education or an employment claiming to be a candidate belonging to Scheduled Tribe till the writ petition is finally decided. Since the petitioner has completed the M.B.B.S. course even the order of status-quo, in our opinion, need not be continued any further. In the circumstance, we pass the following order: (a) Respondent No.5 College and Respondent No.7 University are directed to issue degree certificate as well as internship completion certificate to the petitioner within a period of four weeks from today, subject to the outcome of this writ petition. Petitioner is directed to furnish a fresh undertaking to this Court within a period of two weeks from today stating that on receiving the degree 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLICATION NO.:272 OF 2011 IN WRIT PETITION NO.: 2681 OF 2004 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. certificate and internship completion certificate he shall not use the same for seeking admission for post graduation and for employment on the basis of his tribe claim. He shall furnish a copy of the undertaking to the learned A.G.P. and learned Advocate for the University within two weeks therefrom. (b) The Respondent NO.5 college is further directed to issue to the petitioner all original documents submitted by the petitioner at the time of seeking admission. (c) The order of status-quo granted by this Court at the time of admission of the writ petition, stands vacated. (d) The civil application is disposed of accordingly. [S. B. DESHMUKH, J.] [D. B. BHOSALE, J.] Dated:13/07/2011. ans/272