1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4778 OF 2009 Shri Ramesh Dattatrey Matkamwad, Age 26 years, Occu.Student, R/o Ballal, Tq. Bhokar, District Nanded .. Petitioner Versus 1. The State of Maharahstra, Department of Tribal Development, Mantralaya, Mumbai 32 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad through its Member Secretary 3. Dr.Babasaheb Ambedkar Marathwada University, Aurangabad through its Registrar 4. The Admission Committee to M.Ed. Course 2009-2010, Dr.Babasaheb Ambedkar Marathwada University, Aurangabad Through its Chairman .. Respondents Shri A.S.Golegaonkar, Advocate for petitioner Shri V.H.Dighe, AGP for respondent No.1 Shri U.S.Malte, Advocate for respondent No.2 Shri K.M.Suryawanshi, Advocate for respondents 3 and 4 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 23rd JULY 2009 2 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. At the outset, Shri Golegaonkar, learned Counsel for the petitioner states that the petitioner does not press for the relief prayed for at prayer clause (C) to the petition. This petition, therefore, stands dismissed in respect of prayer clause (C) to the petition. We have heard Shri Golegaonkar, learned Counsel for the petitioner, learned Assistant Government Pleader on behalf of respondent No.1, Shri Malte, learned Counsel on behalf of respondent No.2 and Shri Suryawanshi, learned Counsel on behalf of respondent Nos.3 and 4. 3. It appears that the petitioner who claims to be belonging to Mahadeo Koli – Scheduled Tribe submitted claim for verification of his caste status before the respondent No.2 Scrutiny Committee on 25.9.2008. The petitioner states that the aforesaid claim is pending consideration before the respondent – Scrutiny Committee. We accept the aforesaid statement as true. According to the petitioner the respondent – University has called applications for admission to the M.Ed. course and the petitioner has applied on seat reserved for Scheduled Tribe category 3 candidates. The petitioner accordingly was successful in the common entrance test which was held for M.Ed. course. According to the petitioner the petitioner stands at Serial No.7 in the merit list of Scheduled Tribe reserved candidates. Since the petitioner has not received the validity certificate, the petitioner is placed in a very precarious position as the petitioner is likely to lose the admission in case the respondents are not directed to accept the candidature of the petitioner as belonging to Mahadeo Koli - Scheduled Tribe. The petitioner, according to us cannot be faulted with the delay which has been occasioned in the decision of the caste status on account of the fact that the claim is pending consideration before the respondent – scrutiny committee since September 2008. In the light of that, therefore, we are inclined to allow this petition subject to certain directions. 4. We accept the submission made by Shri Malte, learned Counsel appearing on behalf respondent No.2 that the claim would be decided, in accordance with law within four weeks. In order to assist the Committee in expeditious disposal of the claim of the petitioner, we direct the petitioner to attend the office of the Scrutiny Committee on 10th August 2009. The committee to decide the claim of the petitioner within four weeks of 10th August 2009. We further direct the respondents to consider the claim of the petitioner for admission to M.Ed. Course as a candidate 4 belonging to Scheduled Tribe category, if the petitioner is otherwise eligible. If the petitioner is selected, he be admitted to the said course. However, the admission of the petitioner to the said course would be obviously, subject to the decision of the Scrutiny Committee in respect of the status of the petitioner as belonging to Mahadeo Koli – Scheduled Tribe. We make it clear that the admission of the petitioner would stand cancelled in the event his claim is invalidated by the Scrutiny Committee. The petitioner shall not claim any equities in the event his claim is invalidated by the Scrutiny Committee. 5. Petition thus succeeds and is allowed. Rule is made absolute on the terms indicated above with no order as to costs. 6. Shri Suryawanshi undertakes to inform respondent Nos.3 and 4 about the order passed by this Court. ( A.V.POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE vvr/4778.09wp