{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5636 OF 2009 Bajrangsingh Amarsingh Chauhan R/o Venkatesh Nagar, Bafna Road, Nanded Dist-Nanded PETITIONER VERSUS 1. The State of Maharashtra Through Secretary, Tribal Development Department, Mantralaya, Mumbai 2. The Scheduled Tribe Caste Certificates Scrutiny Committee Through its Member Secretary, Kashmira bhavan, Near Employment Exchange, Aurangabad 3. The Registrar, Maharashtra University of Health Science Vani Road, Mhashrul, Nashik 4. The Dean, Swami Ramanand Tirth Rural Medical College Ambajogai, Dist-Beed RESPONDENTS ....... Mr.A.S.Baya, Advocate for the petitioner Mr.V.B.Ghatage, AGP for respondents No.1 and 4 Mr.P.S.patil, Advocate for respondent No.2 Mr.K.C.Sant, Advocate for respondent No.3. ....... {2} [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 2nd September 2009 ORAL JUDGMENT (PER P.V.HARDAS, J.) : 1. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties this petition is heard finally at the stage of admission. 2. We have heard Mr.Bayas, learned counsel for the petitioner, learned AGP for respondents No.1 & 4, Mr.Patil, learned counsel for respondent No.2 and Mr.Sant, learned counsel for respondent No.3. This petition has been filed at the instance of the petitioner whose result has been withheld by the respondents on account of non submission of validity certificate. Undisputedly, the tribe claim of the petitioner came to be referred to the respondent Scrutiny Committee in January 2007 and since then the same is pending consideration with the Committee. The petitioner, who has obtained admission on the strength of his caste certificate, has been informed that his result has been withheld for his failure to produce validity certificate. According to us, the petitioner cannot be faulted for the delay in validating the tribe claim of the petitioner by the Committee. In the light of that, therefore, we are inclined to allow this petition. Accordingly, we direct the petitioner to appear before the committee on 24th September 2009 and we also direct the respondent Scrutiny Committee to decide the tribe {3} claim of the petitioner within 6 months of 24.09.2009, in accordance with law. We further direct the respondents to declare result of the petitioner of first year MBBS examination and to permit him to prosecute his studies for the second year MBBS course, if the petitioner is found to be otherwise eligible. 3. Rule is thus made absolute on the above terms with no order as to costs. Copy duly of this order authenticated be provided to the learned counsel for the petitioner to act upon. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp5636-09