1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CAW NO. 2079/2011 IN WRIT PETITION NO. 1661 OF 2009 (Praful Aniruddha Ingle vs. The State of Maharashtra & Ors.) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. CORAM : B.P.DHARMADHIKARI & A.P. BHANGALE, JJ. AUGUST 18, 2011. Heard Shri Balpande, learned counsel for the applicant/ petitioner, Shri Thakare, learned AGP for respondents No. 1 & 3, Shri Puranik, learned counsel for respondent No. 2 and Shri Deshpande, learned counsel for respondent No. 4 – University. The caste claim as belonging to Thakur, Scheduled Tribe has been denied in view of affinity test as applied. The learned counsel for the applicant states that the relevance of affinity test in such cases is being considered by the Hon’ble Apex Court. Shri Deshpande, learned counsel invites attention to the order dated 30.03.2010 to contend that the matter was to be decided finally. He further states that the directions to declare the result at this stage will amount to granting final relief to the petitioner though his caste claim has been invalidated by the Scrutiny Committee. 2 Shri Puranik, learned counsel and learned AGP adopt the arguments of Shri Deshpande, learned counsel. The petitioner has continued his education because of orders passed by this Court from time to time and it is obvious that everything is, therefore, subject to final adjudication of his caste claim. As the question is being considered by the Hon’ble Apex Court, it will be appropriate to direct Respondent No. 4 – University to declare his result in accordance with law. We, therefore, allow the application. Said declaration is subject to further orders of this Court or Scrutiny Committee on his caste validity. In view of the orders dated 30.03.2010, list the petition for final hearing in the week commencing from 10th October 2011. Respondent No. 2 – Scrutiny Committee shall make available the original records at that stage for consideration, if required. JUDGE JUDGE *GS.