(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 2823 of 2010 (In Writ Petition No. 7792 of 2005) Mayur s/o. Tarachand Jarwal, Age : 23 years, Occupation : Student, R/o. C/o. H.No. 605, Sahyadri Nagar, .. Applicant N-5, CIDCO, Aurangabad, (Original Taluka & District : Aurangabad. petitioner) versus 1. The State of Maharashtra, Through the Secretary, Tribal Welfare Department, Mantralaya, Mumbai - 32. 2. The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad Division, Aurangabad, Through its Chairman/Director. 3. The Principal, Chaitanya Ayurved College, Sakegaon, Bhusawal. 4. The Sub-Divisional Officer, Office of the Sub-Divisional Officer, Aurangabad. 5. The Collector, Collectorate, Aurangabad. (2) 6. The Director, Medical Education & Research, Mumbai, and the Competent Authority for Admission to MBBS & allied Courses. 7. Maharashtra Health University, Gangapur Road, Nashik, Through its Registrar. .. Respondents. ....................... Mr. A.S. Golegaonkar, Advocate, for the applicant. Mr. S.K. Kadam, Assistant Government Pleader, for respondent nos. 1, 4, 5 and 6. Mr. U.S. Malte, Advocate, for respondent no.2. Petition dismissed as against respondent no.3. Mr. K.D. Bade Patil, Advocate, for respondent no.7. ........................ CORAM : A.P. DESHPANDE & N.D. DESHPANDE, JJ. DATE : 3RD MARCH 2010 COURT'S ORDER (Per A.P. Deshpande, J.) : 1. It is the case of the petitioner, that the petitioner's tribe claim to "Mannervarlu", Scheduled Tribe, has been (3) invalidated. However, pending this petition, under interim orders, the petitioner is permitted to appear for B.A.M.S. examination. 2. The petitioner has now appeared for final B.A.M.S. examination. However, his result has been withheld on account of non-production of caste(tribe) validity certificate. 3. The learned Counsel appearing for the applicant (petitioner in Writ Petition) submits that the petition needs to be heard peremptorily. By moving this application, the petitioner is seeking direction against respondent nos.3 and 7 to declare the result of B.A.M.S. final year examination held in November/December 2009. 4. Having regard to the earlier orders passed and being of the view that it would be in furtherance of cause of justice to permit the petitioner to undergo internship, which is of one year duration, we are inclined to allow the application. 5. Hence, the application is allowed. We direct the respondent nos.3 and 7 to declare result of the petitioner of final year examination of B.A.M.S., however, subject to the condition that the petitioner shall file an (4) undertaking in this court, within a period of two weeks from today, that he will not claim any benefit available to "Mannervarlu", Scheduled Tribe, either for post-graduate studies or for obtaining public employment, unless and until the petitioner's tribe claim is validated. ( N.D. DESHPANDE ) ( A.P. DESHPANDE ) JUDGE JUDGE ......................... bgp/ca2823