(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 7231 OF 2010 Prafulla s/o. Digambar Deore, Age : 30 years, Occupation : Nil, R/o. Thalner, Taluka : Shirpur, District : Dhule. .. Petitioner. versus 1. The State of Maharashtra, through Secretary, Higher Education, Mantralaya, Bombay-32. 2. The Committee for Scrutiny and Verification of Tribe Claim, Maharashtra State, Nashik Division, at Nandurbar, Through its Member Secretary, Scrutiny Committee and Deputy Director (R). 3. North Maharashtra University, Jalgaon, Through its Registrar. 4. R.C. Patel College of Education, Shirpur, Near Karwand Naka, District : Dhule, Through its Principal. .. Respondents. ....................... (2) Mr. K.D. Bade Patil, Advocate, holding for Mr. A.P. Avhad, Advocate, for the petitioner. Mr. N.B. Patil, Assistant Government Pleader, for respondent no.1. Mr. R.P. Phatke, Advocate, for respondent no.2. Mr. A.B. Girase, Advocate, for respondent no.3. Mr. D.S. Bagul, Advocate, for respondent no.4. ........................ CORAM : B.R. GAVAI & A.A. SAYED, JJ. DATE : 30TH SEPTEMBER 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. Leave to amend the cause title of respondent no.2. 3. By way of present petition, the petitioner raises a grievance that though his caste (tribe) claim, of belonging to Tokre Koli, Scheduled Tribe, is pending scrutiny, before the respondent no.2 / Committee, since 2005 and though on account of provisional admission granted in his favour, he has completed (3) his B.Ed. course, his result has been withheld by the respondent no.3. 4. It is apathetic situation, that though the Scrutiny Committee is seized of the matter from 2005, a decision is not taken in the matter of validity of claim of the petitioner, for a period of almost more than five years. 5. In that view of the matter, we are inclined to allow the petition in the following terms. 6. In the result, the petition is allowed. (i) The respondent no.2 / Committee is directed to decide the caste (tribe) claim of the petitioner within a period of one year from today. (ii) The petitioner shall appear before the said Committee on 11th October 2010. As such, the requirement of formal notice shall stand waived. (iii) The respondent no.3 is directed to declare result of the petitioner's performance in B.Ed. course, as expeditiously as possible and within a period of four weeks from today. (4) (iv) The petitioner shall file an undertaking, in this court, within a period of two weeks from today, to the effect that he shall not claim any benefits, of belonging to Scheduled Tribe, until his claim is decided by the respondent no.2 / Committee. 7. Rule is made absolute in the aforesaid terms. However, there shall be no order as to costs. ( A.A. SAYED ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp7231