1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR CIVIL APPLICATION No.2911 of 2010 IN WRIT PETITION NO.2942 OF 2004(D) (Nitin s/o Dnyaneshwar Sherkar ..vs. The Scheduled Tribes Caste Certificate Scrutiny Committee, Amravati and others) ------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ------------------------------------------------------------------------------------------------------------------------------------ Shri K.H. Deshpande, Senior Advocate for the petitioner, Shri S.M. Puranik, Advocate for respondent No.1, Shri T.A. Mirza, A.G.P. for respondent Nos. 2, 3 & 5. CORAM:- J.P. DEVADHAR AND A.B. CHAUDHARI, JJ. DATED :- 28 th OCTOBER, 2010 1. This Court by judgment and order dated 31st August, 2010 allowed the writ petition and made the Rule absolute in relation to the caste validity claim of the petitioner. Shri Puranik, learned Counsel for the Caste Scrutiny Committee has submitted that the Committee has to put our judgment to challenge before the Hon'ble Supreme Court. However, Shri Deshpande, learned Senior Advocate for the petitioner, has invited our attention to paragraph 6 of this application that his client wants to appear for entrance examination being conducted by AIIMS for P.G. Course, in support of which he has filed document at Annexure-I. 2. We have no doubt that the Committee has right to put our 2 judgment to challenge before the Hon'ble Supreme Court, but at the same time the petitioner should not be prohibited from appearing in the entrance examination, which cannot prejudice the interest of any of the parties. Hence respondent No.1 should be directed to release a provisional caste validity certificate, subject to further orders. 3. In view of the above, we make the following order. (i) Civil Application is partly allowed. (ii) Respondent No.1 is directed to release a provisional caste validity certificate on or before 3rd November, 2010 to enable the petitioner to submit the same to the appropriate authority for appearing in the entrance examination. It is made clear that the caste validity certificate shall be purely provisional and subject to further orders. Civil Application No. 2911 of 2010 is disposed of accordingly. 4. Steno copy of this order be supplied to the parties, as per rules. JUDGE JUDGE pma