1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6478 OF 2009 Kunal s/o Eknath Thakur, Being a Minor, through natural guardian/father Shri Eknath s/o Tarachand Thakur, Age 48 years, Occu.Service, R/o Undirkhede, Taluka Parola, District Jalgaon, Presently residing at Ozar Township, A-2326, Taluka Nifad, Dist.Nashik .. PETITIONER VERSUS 1. The state of Maharashtra, Department of Tribal Development, Mantralaya, Mumbai 400 032 through its Secretary 2. The Scheduled Tribe Caste Certificate Scrutiny Committee, Nandurbar, Through its Secretary 3. The Director of Technical Education, Maharashtra State, 3, Mahapalika Marg, Mumbai 400 001 4. Padmashri Dr.Vithalrao Vikhe Patil College of Engineering, Vilad Ghat, Ahmednagar 414 111, through its Principal .. RESPONDENTS Shri A.S.Golegaonkar, Advocate for petitioner Shri S.V.Kurundkar, Addl.Govt.Pleader for respondent 1 & 3 Shri U.S.Malte, Advocate for respondent No.2 Shri V.A.Jadhav, Advocate holding for Shri V.D.Hon, Advocate for respondent No.4 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 30th September 2009 2 ORAL JUDGMENT [ PER P.V.HARDAS , J ] 1. Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of the Constitution of India the petitioner prays for directing the Scrutiny Committee at Nandurbar to decide the tribe claim of the petitioner which is said to be pending since 9.8.2007 and also prays for directions to respondents 3 and 4 not to take any adverse action against the petitioner solely on the ground that the petitioner failed to submit validity certificate from the scrutiny committee. We have heard Shri Golegaonkar, learned Counsel for the petitioner, learned Addl.Govt.Pleader Shri Kurundkar who accepts notice on behalf of respondents 1 and 3, Shri Malte, learned Counsel who accepts notice on behalf of respondent No.2 and Shri V.A.Jadhav, holding for Shri V.D.Hon, who accepts notice on behalf of respondent No. 4. In the light of the limited relief which the petitioner has sought for in this petition, we deem it appropriate to decide this petition finally at this stage. 3 3. It appears that the petitioner who claims to be belonging to Thakur – Scheduled Tribe came to be granted admission in the respondent No.4 – Institution on an undertaking that the petitioner would submit the validity certificate within a stipulated period. The claim of the petitioner is pending with the respondent – scrutiny committee since 9.8.2007 and has not been decided. In the light of the pendency of the claim, we are inclined to allow this petition. Accordingly, we allow this petition and direct the scrutiny committee to expeditiously decide the tribe claim of the petitioner and accordingly direct the petitioner to appear before the scrutiny committee on 27th October 2009 and direct the committee to decide the claim of the petitioner within six months of 27th October 2009. During the pendency of the verification proceedings before the committee, we direct respondents 3 and 4 not to take any adverse action against the petitioner, including cancellation of his admission on the sole ground that the petitioner has failed in submitting the validity certificate. It is needless to state that the petitioner be permitted to prosecute his studies and be held eligible to seek admission in the higher classes after the declaration of his result, if the petitioner is otherwise eligible. 4 4. Rule is thus made absolute on the above terms with no orders as to costs. ( A.V.POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE vvr/6478.09wp 5