1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.1060 OF 2011 (Sunil R. Mallojwar vs. State of Maharashtra and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : MARCH 1, 2011 Shri Phadnis, learned Counsel for the petitioner, seeks oral permission to substitute respondent no.2 Divisional Caste Scrutiny Committee by Scheduled Tribe Caste Scrutiny Committee where caste claim of the petitioner is pending. The request being of formal nature, same is granted. Appropriate amendment/substitution be carried out in the cause title of the petition forthwith. Heard Shri Phadnis, learned Counsel for the petitioner, Shri Rode, learned Assistant Government Pleader for the respondent nos. 1 and 5, 2 and Shri Sambre, learned Counsel for the respondent no.2. Shri Phadnis, learned Counsel for the petitioner, states that the petitioner was given admission in M.B.B.S. Course from Scheduled Tribe category (Mannewar). The caste claim of the petitioner was referred to the Caste Scrutiny Committee for verification in the year 2003-04, which was registered as Case bearing No.6857/2003- 04 and the same is pending for verification before respondent no.2. It is submitted that the petitioner has completed his M.B.B.S. Course and wants to do post graduation in Orthopaedic subject. It is further submitted that the petitioner has cleared All India Entrance Test and the counselling is scheduled to take place on 3/3/2011. It is prayed that direction may be given to the respondent nos. 4 and 5 to consider the claim of the petitioner provisionally from the Scheduled Tribe category subject to decision of the Caste Scrutiny Committee. In the backdrop of above referred facts, it appears that caste claim of the petitioner is pending with the respondent no.2 Caste Scrutiny Committee 3 since 2003-04. In the circumstances, we direct the respondent no.2 to decide the caste claim of the petitioner in accordance with law and procedure applicable in this regard within six months from the date of communication of this order. We direct respondent nos. 4 and 5 to consider the case of the petitioner provisionally from the Scheduled Tribe category (Mannewar), if the petitioner is otherwise qualified and eligible for admission to the post graduation course in Orthopaedic subject. It is made clear that if admission is given to the petitioner, he shall not claim equity on the basis thereof and same shall be subject to decision of the Caste Scrutiny Committee. With these observations and directions, the petition is disposed of. Copy of this order, duly authenticated by the Court Sheristedar, be given to the learned Counsel for the petitioner. JUDGE JUDGE khj