1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO. 2079 OF 2010 IN WRIT PETITION NO. 2445 OF 200O (Pratik Ashok Barapatre .v. State of Maharashtra and others) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri R.C. Madkholkar, Advocate for the applicant/petitioner. Shri A.S. Fulzele, AGP for respondent No.1. Smt. S.W. Deshpande, Advocate for respondent No.2. Smt. T.D. Khade, Advocate for respondent No.4. Shri A.R. Patil, Advocate for respondent Nos.6 and 7. CORAM : D.B. BHOSALE AND PRASANNA B. VARALE, JJ. 10TH AUGUST, 2010. Heard learned Counsel for the parties. By this Civil Application, the applicant/petitioner has prayed for direction to respondent No.4-University to issue the petitioner a degree in MD – Ayurveda (Kaya Chikitsa) 2010. He has also prayed for direction to return 21 original documents which were submitted to respondent No.4-University at the time of admission. We have perused the Civil Application so also the Writ Petition filed by the applicant. In the Writ Petition, the applicant has challenged the order dated 18.04.20000 passed by the Scrutiny Committee, Nagpur invalidating his caste claim. This Court while admitting the writ petition on 15th September, 2000 granted stay of the order passed by the Scrutiny Committee till disposal of the writ petition. In view thereof, the petitioner was allowed to pursue his education and accordingly he completed the course of MD – Ayurveda (Kaya Chikitsa). Thereafter, in view of the orders passed by this Court, a provisional degree certificate has also been issued to the petitioner. The writ petition is pending since 2000 and it is likely to take some more time to reach for final hearing. 2 Keeping that in view and considering overall facts and circumstances of the case so also the order passed by this Court in similar circumstances in Writ Petition No. 2306/1999, we dispose of this Civil Application by the following order. Respondent No.4-University is directed to issue the petitioner a degree in MD – Ayurveda (Kaya Chikitsa) within a period of four weeks from the date of the petitioner/applicant filing undertaking in this Court stating that the issuance of the degree by the University would be subject to final result in the writ petition. The petitioner shall also state on affidavit that he shall not withdraw the writ petition. The petitioner to serve a copy of the undertaking on the Advocates for the respondents within a period of two weeks from today. Respondent No.4-University subject to filing of undertaking as aforementioned shall also release the original documents submitted by the petitioner at the time of admission. It is made clear that the issuance of degree certificate would be subject to final result in the writ petition and/or appropriate directions that will be issued while disposing of the writ petition by this Court. With these observations, Civil Application is disposed of. JUDGE JUDGE *rrg.