1 WP6630.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.6630 OF 2011 Tushar Vilas Thakur : Petitioner V/s. State of Maharashtra & Ors. : Respondents .... Mr.R.K.Mendadkar for the petitioner. Mr.V.S.Gokhale, Asstt. Govt. Pleader for respondent nos.1 to 3. ... CORAM : D.D. SINHA & R.Y.GANOO, JJ. DATE : AUGUST 29, 2011. P.C.: Heard the learned counsel for the petitioner and the learned Asstt. Govt. Pleader for the respondent nos.1 to 3. 2. We have considered the contentions canvassed by the learned counsel for the petitioners as well as the learned Asstt. Govt. Pleader for the respondent nos.1 to 3. The petitioner is seeking the following two directions:- (i) The Scrutiny Committee be directed to decide the caste claim of the petitioner within the stipulated period. 2 WP6630.11 (ii)The respondent no.4 be directed to declare the result of the petitioner of Second Year of MBBS examination which is held in the month of May 2011. The counsel for the petitioner has submitted that in view of the statement made by the learned learned Asstt. Govt. Pleader on the earlier occasion that the caste claim of the petitioner will be decided within four months, the first direction no more survives. So far as the second direction is concerned, the petitioner was specifically directed to serve the respondent no.4. The learned counsel states that the respondent no.4 has been served and affidavit of service is filed in the Registry of this Court on 23.8.2011. Considered the contentions canvassed by the respective counsel. It appears that in spite of the service of notice on the respondent no.4, none appears for the respondent no.4. In these circumstance, we direct the respondent no.4 to declare the result of the petitioner of the Second Year MBBS examination held in the month of May, 2011, provisionally, subject to the result of the decision of the Caste Scrutiny Committee. It is made clear that the declaration of the result shall not create any equity in favour of the petitioner and the same shall be provisional one. 3. In view of these directions, the cause of action involved in the 3 WP6630.11 present Petition no more survives. The Writ Petition is disposed of accordingly. (D. D. SINHA, J.) (R.Y. GANOO,J.)