1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION W. NO.750/2011 IN WRIT PETITION NO.2984 OF 2003 (Manoj s/o Narayanrao More vs. Committee for Scrutiny and Verification of Tribe Claim, Amravati and another) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : MARCH 23, 2011 Heard Shri Saboo, learned Counsel for the applicant/petitioner, Shri Patil, learned Counsel for the respondent no.1, and Shri Fulzele, learned Assistant Government Pleader for the respondent no.2. Civil Application No.750/11 is moved by the petitioner seeking direction to respondent no.2. Shri Saboo, learned Counsel for the petitioner, states that the petitioner secured admission to M.B.B.S. Course from Scheduled Tribe category (Thakur). The caste claim of the petitioner 2 was referred to the Caste Scrutiny Committee for verification, which was invalidated by the Caste Scrutiny Committee vide order dated 17/7/2003. The said order is impugned by the petitioner in the present petition and this Court vide interim order dated 1/8/2003 stayed the effect and operation of the impugned order. It is submitted by Shri Saboo that the petitioner has completed M.B.B.S. Course and appeared for the Post Graduate Medical Entrance Examination, i.e. PGM-CET 2011. The name of the petitioner is shown in the merit list at serial no.51 from the Scheduled Tribe category. It is further submitted that process of counselling shall commence from the next week and, therefore, direction may be issued to the respondent no.2 to consider the claim of the petitioner from Scheduled Tribe category according to law and procedure applicable in this regard provisionally subject to result of the petition. In the backdrop of the above referred facts, particularly in view of interim order dated 1/8/2003 whereby effect and operation of the 3 impugned order passed by the Caste Scrutiny Committee has been stayed, in the interest of justice, we direct the respondent no.2 to consider the claim of the petitioner for admission to Post Graduate Medical Course from the Scheduled Tribe category, if the petitioner is otherwise eligible and qualified. It is made clear that if petitioner is admitted to the Post Graduate Medical Course, the said admission shall be provisional and the petitioner shall not claim any equity on the basis of the same. The admission of the petitioner to the Post Graduate Medical Course, if granted, shall be subject to the result of the petition. With these observations and directions, the civil application is disposed of. JUDGE JUDGE khj