1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.8029 OF 2010 Mrunmayi d/o Ravindra Suryawanshi, Age 19 years, Occu. Student, through her father Ravindra s/o Baliram Suryawanshi, Age 50 years, Occu. Service, R/o Om-Shantinagar, Jalgaon, presently residing at Rahul Towers, A/2, 102, Kothrud, Pune, District Pune. ... PETITIONER VERSUS 1. The State of Maharashtra, through its Secretary, Tribal Development Department, Mantralaya, Mumbai 2. The Committee for Scrutiny and Verification of Tribe Claims, Nandurbar Division, Nandurbar. 3. The Maharashtra University of Health Sciences, Nasik, through its Registrar ... RESPONDENTS ..... Shri S.R. Barlinge, Advocate for the petitioner Shri K.M. Suryawanshi, A.G.P. for respondent Nos.1 & 2 Shri K.D. Bade Patil, Advocate for respondent No.3. ..... CORAM: R.S. MOHITE & SHRIHARI P. DAVARE, JJ. DATED: 8th September, 2010 ORAL JUDGMENT (PER SHRIHARI P. DAVARE, J.): 2 1. At the request of learned counsel for the petitioner, leave granted to delete respondent No.4. Amendment to be carried out forthwith. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition heard finally at the stage of admission. 2. The petitioner claims that, she belongs to Tokre Koli – Scheduled Tribe and has received a certificate to that effect from the Sub-Divisional Officer, Jalgaon. She also states that, her father also received certificate from the Executive Magistrate, Jalgaon on 20.5.1988 as well as her grandfather also received certificate from Taluka Magistrate, Jalgaon on 23.8.1977. It is the contention of the petitioner that her tribe claim was referred to the Scrutiny Committee on 29.7.2009 and the respondent No.2 Committee at Nandurbar had received the application of the petitioner along with the documents to that effect on the same day. Accordingly, the Committee issued a letter dated 13.5.2010 to the petitioner and thereby acknowledged that her tribe claim is pending with the said Committee. 3. However, it is the grievance of the petitioner that despite her sincere efforts to get the caste validation certificate from the respondent No.2 Committee, the said Committee has not yet decided her tribe claim so far. It is also the contention of the petitioner that she appeared for the First Year B.D.S. examination held by respondent 3 No.3 University in March/ April 2010 and her result has been withheld by the respondent No.3 University on account of her failure to submit the caste validity certificate. The petitioner submits that, the respondent No.3 University has issued a letter dated 10.6.2010 to the Principal of her College namely Sinhagad Dental College and Hospital, Pune that the petitioner’s validity certificate should be submitted within a period of one month. 4. It is apparent from the aforesaid document that the petitioner’s caste claim is pending with the respondent No.2 Committee for validation/ verification since July 2009 and, therefore, her result has been withheld by the respondent No.3 University as aforesaid. Hence, it is necessary to direct the respondent No.2 Committee to decide her caste claim within a reasonable period i.e. within six months and it is also necessary to direct the respondent No. 3 University to declare the result of the petitioner of First Year B.D.S. examination to enable her to proceed further, but the said result shall be subject to decision of the respondent No.2 Committee. 5. In the result, present petition succeeds and the respondent No.2 is directed to decide the verification/ validation of the caste claim of the petitioner within a period of six months from today and the respondent No.3 is directed to declare the result of the petitioner for the First Year B.D.S. examination held in March/April 4 2010 forthwith, however, it is directed that the said result shall be subject to the decision of the respondent No.2 Committee, Present petition stands disposed of accordingly. Rule is made absolute in aforesaid terms. (SHRIHARI P. DAVARE, J.) (R.S. MOHITE, J.)