1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.: 4944 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 4944 OF 2011 Vrushali D/o Pradeep Shirsath, Minor under guardianship of her Father Pradeep S/o Dashrath Shirsath, Age: 42 years, Occu.: Service, R/o Chandagauri Nagar, Chopada, Tq. Chopada, Dist. Jalgaon. ... PETITIONER. VERSUS 1. The State of Maharashtra. Through it's Secretary, Medical Education and Drugs Department, Mantralaya, Mumbai - 32. (Copy to be served on Government Pleader, High Court of Judicature of Bombay, Bench at Aurangabad). 2. The Scheduled Tribe Certificate Scrutiny Committee, Nandurbar, Through its Deputy Director (R). 3. The Director, Medical Education and Research, Mumbai. 4. The Dean, Government Medical College, Aurangabad. ... RESPONDENTS. *** Mr. P. V. Jadhavar, Advocate for the Petitioner. Mrs. V. A. Shinde, A.G.P. for the Respondent/ State. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.: 4944 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. *** CORAM : D B BHOSALE & S B DESHMUKH, JJ. DATE : July 08, 2011 ORAL JUDGMENT: 1. Heard learned counsel for the parties. 2. Rule, made returnable forthwith, heard finally by consent of the parties. 3. We have disposed of four writ petitions (Nos.4871, 4873, 4740 and 4797 of 2011) vide judgment and order dated 7th July, 2011 wherein similar question was raised as raised in the present writ petition. Even the prayers made in those four writ petitions and this writ petition are similar. In view thereof, learned counsel for the petitioner prayed for disposing of this petition also in terms of the judgment and order dated 7th July, 2011. Learned counsel for the Respondents do not have any objection for disposing of this petition also 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.: 4944 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. terms of the said judgment. Hence, for the reasons recorded in paragraph Nos.1 to 9 of the judgment dated 7th July, 2011 in the aforesaid four writ petitions, we dispose of this petition by the following order: (a) The Respondents are directed to accept the petitioner's preference form from S.T. category if he produces proof of application for validity of caste, submitted to the scrutiny committee through her junior college before 30th of May, 2011 as per the Government Resolution dated 2nd May, 2011. It is needless to mention that the petitioner will be entitled for admission on the seat reserved for Scheduled Tribe category, only if she satisfies other eligible criteria for admission to Health Science Courses. (b) The petitioner is directed to submit undertaking as per the proforma given in the brochure on Rs.50/- stamp paper. (c) Further, the petitioner is directed to 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.: 4944 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. file undertaking in this Court, within a period of four weeks from today with an advance copy thereof to the Advocates for the Respondents, stating that she will submit caste validity certificate, issued by the scrutiny committee within a period of one year from today to the concerned authority and if she failed to do so she would not appear for the first year annual examination conducted by the Maharashtra University of Health Sciences. However, it is made clear that if, for any reason, the Scrutiny Committee finds it difficult to decide the claim within the stipulated time, the Member Secretary of the Scrutiny Committee shall issue letter stating the reasons for delay, addressed to the concerned authority, to enable the petitioner to seek permission to appear for first year annual examination. The concerned authorities to act on the letter issued by the Member Secretary of the 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.: 4944 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Scrutiny Committee and allow the petitioner to appear for the first year annual examination. However, we observe that under any circumstances the Scrutiny Committee shall decide the petitioner's claim before results of the first year annual examination are declared. (d) The petitioner is directed to appear before the Respondent Scrutiny Committee, along with copy of this order and all relevant documents in support of their claim on 25th of July, 2011 at 11.00 a.m. The Scrutiny Committee shall endeavor to decide the petitioner's tribe claim as expeditiously as possible and preferably before the end of March, 2012. (e) We hope that the petitioner shall cooperate for deciding her tribe claim within the stipulated time and shall not seek adjournments on frivolous grounds. 6 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.: 4944 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. (f) This order shall not create any equity in favour of the petitioner. 9. Rule is disposed of in terms of this order. No costs. 10. Authentic copy of this order is permitted to all the parties as per usual procedure. [S. B. DESHMUKH, J.] [D. B. BHOSALE, J.] Dated:07/07/2011. ans/4871 7 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.: 4944 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 4944 OF 2011 Date of decision: 8th JULY, 2011. For approval and signature THE HONOURABLE SHRI JUSTICE D. B. BHOSALE THE HONOURABLE SHRI JUSTICE S. B. DESHMUKH. Whether Reporters of local papers ... Yes may be allowed to see the judgment? To be referred to the Reporter or not? ... No Whether Their Lordships wish to see ... No fair copy of the judgment? Whether this case involves a substantial... No question of law as to the interpretation of the Constitution of India, 1950, or any order made thereunder? Whether it is to be circulated to the ... No Civil Judges? Whether the case involves an important ... No question of law and whether a copy of the judgment should be sent to Nagpur, Goa and Bombay offices? [G. F. ANSARI] PRIVATE SECRETARY TO THE HONOURABLE JUDGE