1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5310/2010 Sampada P.Wanakhede ..Petitioner versus State of Maharashtra & Ors. ..Respondents Mr.R.K.Mendadkar for Petitioner. Mr.C.R.Sonawane,AGP for State CORAM : D. D. SINHA AND MRS. MRIDULA BHATKAR, JJ. DATED : JULY, 12, 2010. P.C. : . Heard counsel for the petitioner and respondents. The grievance of the petitioner is two fold . Caste certificate of the petitioner is pending for caste verification before the Caste Scrutiny Committee from 11/11/2009 . And the petitioner has submitted his preference form for grant of admission to the M.B.B.S.course, first year from the scheduled tribes category. It is submitted that as per the requirement of clause-9 of Information Brochure of Preference System 2 for admission to Health Science Courses the candidate is required to annex the validity certificate alongwith the preference form. Counsel for the petitioner states that since the caste claim of the petitioner is pending for verification before the Caste Scrutiny Committee the petitioner is unable to submit the said certificate at this stage alongwith the preference form. It is contended that in the identical situation directions were given vide order dated 15/6/2006 passed by this Court in W.P.(L.) No. 1350/2006 which reads thus- “ If the students have already applied for caste/tribe certificate and the applications are pending before the relevant committee, then the institutions must grant provisional admission to such students. The admissions will be subject to the decision of the caste/tribe scrutiny Committee. Under no circumstances will any student be entitled to claim equity to continue the studies if the caste/tribe certificate is rejected or not validated 2. Learned counsel for the petitioner ,therefore, has submitted that in the facts of the present case direction be given to respondent -3 to consider the 3 preference form in accordance with law and procedure applicable in this regard. 3. Learned A.G.P.does not dispute the factual aspect of the matter including the direction given by the Court in the above referred matter. 4. In the backdrop of the above referred undisputed facts and since the caste claim of the petitioner is pending for verification before the Caste Scrutiny Committee since 2009 we direct respondent-2 /Caste Scrutiny Committee to decide the caste claim of the petitioner in accordance with law and procedure applicable in this regard within a period of three months from the date of communication of this order. 5. We also direct respondent-3 not to reject the preference form of the petitioner on the ground of non submission of validity certificate and consider the same on its own merits in accordance with law and eligibility 4 applicable in this regard for grant of admission to the M.B.B.S.Course first year for academic session 2010-2011 . If the petitioner is otherwise found eligible and admitted to the course the said admission would be wholly provisional and shall not create any equity in favour of the petitioner and shall be subject to the result of the outcome of the verification proceedings pending before the Caste Scrutiny Committee. 6. With these observations and directions the petition is disposed of. (D. D. SINHA, J.) (MRS. MRIDULA BHATKAR,J.)