WP/6116/2010 1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6116 OF 2010 WITH CIVIL APPLICATION NO. 8016 OF 2011 Ku. Ashwini Sudhakar Bodhagire Age 18 years, Occ. Education, R/o Jangamwadi, Tq. Kandhar District Nanded. ..Petitioner Versus 1. The State of Maharashtra Through its Director Director of Medical Education & Research, CET Cell, Opp. Govt. Dental College and Hospital Building, St. George's Hospital Compound, Near CST Railway Station, Mumbai 01 2. The Dean, Government Medical College, GHATI Hospital Compound, Near Panchakkar Road, Aurangabad. 3.The Chairman / Director Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Region, Aurangabad. ..Respondents ... Advocate for Petitioner : Shri Piratwad Anil P. AGP for Respondents 1 & 2 : Shri Godbharale V.D. Advocate for Respondent 3 : Shri Phatke R.P. ... CORAM : D B BHOSALE & S B DESHMUKH, JJ. Dated: July 11, 2011 ... WP/6116/2010 2 ORAL JUDGMENT : (PER D.B.BHOSALE,J.):- 1. Heard learned counsel for the parties. 2. Rule. By consent, Rule made returnable forthwith. 3. In this Writ Petition, the petitioner is seeking the following relief : "(B) By issuing writ of mandamus, orders or directions in the like of writ of mandamus, the respondents no.1 and 2 may please be directed to permit the petitioner to fill up Preference Form at Regional Center, Aurangabad AND/OR the Rule No.9 of the brochure issued by the Resp.No.1 may please be declared unconstitutional Rule." 4. The petitioner has stated that she appeared for CET examination and cleared it with 124 marks. The process of admission, accordingly, started from 4.7.2011 and the last date for submitting the preference form for admission to Health Science Courses is 12.7.2011. The petitioner claims admission on the seat reserved for Scheduled Tribe category. She has stated that her proposal for seeking validity certificate was submitted to respondent - Scrutiny Committee in June 2010. The petitioner approached this Court by way of Writ Petition No.6116 of 2010 challenging clause 9 in the brochure and also seeking direction to respondent Nos.1 and 2 to permit the petitioner to fill in preference form. WP/6116/2010 3 In the Writ Petition, direction was issued to Scrutiny Committee to decide the tribe claim of the petitioner within six months from the date of the order i.e. 13.7.2010. Despite this, according to the petitioner, the respondent - Scrutiny Committee did not consider and decide her tribe claim and hence she has approached this Court by way of the Civil Application seeking direction to respondents 1 and 2 to permit her to submit preference form for admission to Health Science Courses at Regional Center, Aurangabad. 5. Shri Phatke, learned Advocate for respondent 3, on instructions, submits that the petitioner's tribe claim has been validated by the Scrutiny Committee vide order dated 8.7.2011. His statement is recorded and accepted. In view thereof, learned counsel for the petitioner does not press the challenge to the clause 9 of the Brochure. In the circumstances, we direct respondents 1 and 2 to permit the petitioner to submit her preference form for admission to Health Science Courses on the seat reserved for Scheduled Tribe category along with the proof of submission of her application for validity of caste submitted by her in June 2010 with further undertaking that she shall submit the caste validity certificate within a period of two weeks from today. It is made clear that if the petitioner fails to submit the cast validity certificate within the period of two weeks her admission shall stand cancelled. It is needless to mention that the petitioner would be entitled to admission only if she is otherwise eligible to get admission as a candidate belonging to Scheduled WP/6116/2010 4 Tribe. 6. With these observations, Writ Petition is allowed. Rule made absolute. No costs. 7. In view of the disposal of the main Writ Petition itself, Civil Application does not survive and accordingly stands disposed of. 8. Registry to make available authentic copy of this order to the requesting party. ( S B DESHMUKH, J. ) ( D B BHOSALE, J. ) akl