(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 8607 of 2009 (In Writ Petition No. 3020 of 2006) Shri Vishal s/o. Subhash Thakur, Age : 23 years, Occupation : Student, R/o. 14/15, Bhavsar Plot, .. Applicant Behind JJ Hospital, (Original Near Water Tank, Station Road, petitioner) Dondaicha, Dist. Dhule. versus 1. The State of Maharashtra, Department of Tribal Development, Mantralaya, Mumbai-32, Through its Secretary. 2. The Scheduled Tribe Certificate Scrutiny Committee, Nashik Division, Nashik, Through its Chairman/Director. 3. The Sub-Divisional Officer, Shirpur Division, Shirpur, Dist. Dhule. 4. The Collector, Collectorate, Dhule. 5. Deccan Education Society's Fergusson College, Pune, Through its Principal. (2) 6. The Directorate of Technical Education, Maharashtra State, 3, Mahapalika Marg, Post Box No. 1967, Mumbai - 400 001. .. Respondents (Original (Competent Authority for admission to respondents) MBA/MMS Course ) ....................... Mr. S.C. Yeramwar, Advocate, holding for Mr. A.S. Golegaonkar, Advocate, for the applicant. Mr. P.P. More, Assistant Government Pleader, for respondent nos. 1, 3, 4 and 6. Mr. R.P. Phatke, Advocate, for respondent no.2. ........................ CORAM : A.P. DESHPANDE & N.D. DESHPANDE, JJ. DATE : 28TH JANUARY 2010 COURT'S ORDER : 1. As the applicant / petitioner is apprehending cancellation of his admission to M.B.A. course, in Indira College of Management and Technical Education, Pune, by the Director of Technical Education / respondent no.6, this application is moved for directions. (3) 2. The communication from the Director of Technical Education, Mumbai, dated 18th January 2010, is taken on record and marked as "X" for identification. 3. While issuing notice before admission on 17th July 2006, the order passed by the Scrutiny Committee was stayed. 4. It is categorically averred in the petition, in paragraphs 4[1] and 4[2], that the father of the petitioner, by name, Subhash s/o. Uttamrao Thakur, is issued a caste / tribe validity certificate by the Committee, in January 2004. It is also averred that the real elder brother of the petitioner, by name, Amit s/o. Subhash Thakur, is also issued caste / tribe validity certificate by order dated 9th June 2000. The other near relations of the petitioner are also issued caste / tribe validity certificate, after verification of their tribe claim. In these set of facts, we are of the clear view that the admission of the petitioner ought not to be cancelled solely for the reason that he has failed to submit caste / tribe validity certificate. 5. Hence, we pass the following order : The respondent no.6 / Director of Technical Education, State of Maharashtra, shall not cancel the admission of the petitioner to M.B.A. course from Indira College of Management and Technical Education, Pune, only for the reason that the petitioner has failed to submit caste / tribe validity certificate issued by the Committee, until (4) further orders. 6. The Civil Application is allowed accordingly. 7. Authenticated copy allowed at the request of the learned Counsel for the applicant. ( N.D. DESHPANDE ) ( A.P. DESHPANDE ) JUDGE JUDGE ......................... bgp/ca8607