1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4353 OF 2009 Shri Krunal S/o Bhaskar Bawaskar } Age : 20 Yrs., Occ. Student, } R/o : Chilgaon, Post : Godegaon, } Tq. Jamner, Dist. Jalgaon., } .... PETITIONER V E R S U S 1. The State of Maharashtra } Department of Medical Education } and Drugs, Mantralaya, Mumbai - 32 } Through its Secretary. } 2. The Director of Medical Education } & Research, CET Cell, } St. George’s Hospital Compound, } Opp. Govt. Dental College Building } Near Chhatrapati Shivaji Terminus } (CST), Mumbai – 400 001. } 3. Maharashtra University of Health } Sciences, Vani Road, Nashik, } Through its Registrar. } 4. The Principal } Chaitanya Ayurved Mahavidyalaya } “ Chaitanyavan ”, Sakegaon, } Bhusawal – 425 201. } 5. The Divisional Caste Certificate } Scrutiny Committee No. 2, } Nashik Division, Head Office, Dhule } Through its Member Secretary. } .... RESPONDENTS 2 Mr. S.C.Yeramwar, Advocate holding for Mr. A.S.Golegaonkar, Advocate for petitioner. Mr. K.G.Patil, Assistant Govt. Pleader for State. Mr. K.D.Bade Patil, Advocate for respondent no. 3. Mr. S.B.Yawalkar, Advocate for respondent no. 4. CORAM : P.V.HARDAS & S.V.GANGAPURWALA, JJ. DATE OF JUDGMENT : 06/04/2010 ORAL JUDGMENT : ( PER – P.V.HARDAS, J.) 1. Rule. Rule made returnable forthwith. With the consent of 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 respondent nos. 2 to 4 not to initiate any adverse steps with regard to the cancellation of the admission of the petitioner and to permit him to appear for the ensuing examination and declare the result pending decision of his caste claim before the Scrutiny Committee. The petitioner also prays for directing the Scrutiny Committee to decide the caste claim of the petitioner as expeditiously as possible. The petitioner also prays to direct respondent nos. 2 to 4 to permit the petitioner to appear for the ensuing examination of B.A.M.S. Course and also to direct them to declare the result of the petitioner. 3. In the light of the limited nature of relief sought for by the 3 petitioner, we deem it appropriate to decide this petition finally at this stage. 4. We have heard Mr. S.C.Yeramwar, Advocate holding for Mr. A.S.Golegaonkar, Advocate for petitioner, Mr. K.G.Patil, Assistant Govt. Pleader for State, Mr. K.D.Bade Patil, Advocate for respondent no. 3 and Mr. S.B.Yawalkar, Advocate for respondent no. 4. 5. Undisputedly, the petitioner had been admitted in the B.A.M.S. Course pending decision of his caste claim. Undisputedly also the caste claim of the petitioner is pending consideration with the Scrutiny Committee. Obviously, the petitioner can not be faulted for the delay which has arisen in the decision of his caste claim by the Scrutiny Committee. In the light of the matter, the petitioner can not be put on peril of cancellation of his admission because of the failure of the Scrutiny Committee to decide the caste claim of the petitioner expeditiously. In that light of the matter, we allow this petition and direct the respondents not to initiate any steps for the cancellation of the admission of the petitioner for the failure of the petitioner to submit the validity certificate and to permit the petitioner to prosecute his studies including appearing for the examination of B.A.M.S. and to declare his result. We also allow the Civil Application No. 4836 of 2010 and direct the respondents to forthwith declare the results of the petitioner in respect of first year of B.A.M.S. Examination held in 4 November – December, 2009. In order to ensure that the claim is to decide expeditiously, we direct the petitioner to appear before the Scrutiny Committee on 26/4/2010 and further direct the Scrutiny Committee to decide the caste claim of the petitioner within six months from 26/4/2010. 6. Rule is thus made absolute in the above terms with no order as to costs. Civil Application No. 4836 of 2010 is allowed as indicated above. [ S.V.GANGAPURWALA ] [ P.V.HARDAS ] JUDGE JUDGE knp/WP 3038.10 ( J )