1 FARAD CONTINUATION SHEET. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. WRIT PETITION NO.1994/2008. Aniruddha Umakant Sherkar ..vs.. The Scheduled Tribes Caste Certificate Scrutiny Amravati and others. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, office Memoranda of Coram Court's or Judge's appearances, Court's orders or directions order and Registrar's order. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM: D.D.SINHA and C.L.PANGARKAR,JJ. DATE : 20th June, 2008. 1. Heard Mr.R.K.Deshpande, Advocate for the petitioner and Mr.P.B.Patil, Advocate for respondent no.1. 2. The learned counsel for the petitioner has submitted that in the instant case the caste shown in the documents pertaining to the father of the petitioner and his other relatives is Halbi, however, the said documents were rejected on the ground that the word Halbi scheduled tribe is not mentioned therein. It is submitted that the caste claim of the father of the petitioner was considered by this court and vide order dated 6th September, 2 1985 passed in W.P.No.55/85, this court has declared that the father of the petitioner belonged to Halbi scheduled tribe. Learned counsel for the petitioner further contended that apart from this aspect, the Caste Scrutiny Committee has rejected the caste claim of the petitioner also on the ground of affinity, which issue is pending before the Full Bench for due adjudication. The learned counsel further prayed that direction be given to respondent no.2 and 3 to consider the claim of the petitioner for grant of admission provisionally from the scheduled tribe category. 3. In the backdrop of the above referred facts, we are of the view that the petitioner has made out the case for interim relief. Respondent nos.2 and 3 to consider the claim of the petitioner for grant of admission from scheduled tribe category provided the petitioner is eligible and otherwise qualified. If the petitioner is admitted, the admission would be subject to result of the petition and shall not create equity in favour of the petitioner. Mr.Thakre, Assistant Government Pleader, undertakes to communicate this order to respondents no.2 and 3 forthwith. Steno copy of this order be furnished to 3 the parties. Place the matter after eight weeks for admission. S.O.20/8/2008. JUDGE JUDGE. chute