FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5053 OF 2011 1 Kiran d/o. Sureshrao Dulewad Age 18 years, Occ. Student, R/o. Jai Bhavani Nagar, Rukmal Niwas, Taroda (Khu), Tal. Nanded, Dist. Nanded. ...PETITIONER. Versus 1] The State of Maharashtra through its Secretary, Medical Education and Drugs Dept., Mantralaya, Mumbai-32. 2] The Director of Medical Education and Research, Opp. Govt. Dental College, Mumbai 400 001. 3] The Government Medical College through it's Dean, Aurangabad. 4] The Committee for Scrutiny and Verification of Tribe Claims, Through its Dy. Director (Research). Aurangabad Division, Aurangabad. RESPONDENTS. --- Mr. Arun H. Koralkar, Advocate for petitioner. Mrs. A.V. Gondhalekar, AGP for respondent Nos. 1 to 3. Mr. R.P. Phatke, Advocate for respondent No.4. CORAM :- D.B. BHOSALE & S.B. DESHMUKH, JJ. DATE :- 12TH JULY, 2011. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5053 OF 2011 2 ORAL JUDGMENT [ PER D.B. BHOSALE, J.]:- 1. Heard learned counsel for the parties. 2. Rule, made returnable forthwith, heard finally with consent of the parties. 3. The challenge raised and the prayers made in this writ petition are similar to the challenge raised and prayers made in Writ Petition Nos.4871, 4873, 4740 and 4797 of 2011. By the order dated 7th July, 2011 we disposed of those four writ petitions. Learned counsel for the petitioner states that the petitioner in this writ petition and the petitioners in those four writ petitions are similarly placed and, therefore, he would be satisfied if this petition is disposed of in terms of the judgment dated 7th July, 2011 in the above four writ petitions. Learned counsel for the Respondents have no objection for the same. 4. In the circumstances, for the reasons recorded in the judgment dated 7/7/2011, in the aforesaid writ petitions, we dispose of this writ petition by the following order: (a) The Respondents are directed to accept the FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5053 OF 2011 3 petitioner's preference form from S.T. category if he produces proof of application for validity of caste, submitted to the scrutiny committee through his junior college before 30th of May, 2011 as per the Government Resolution dated 2nd May, 2011. It is needless to mention that the petitioner will be entitled for admission on the seat reserved for Scheduled Tribe category, only if he satisfies other eligible criteria for admission to Health Science Courses. (b) The petitioner is directed to submit undertaking as per the proforma given in the brochure on Rs.50/- stamp paper. (c) Further, the petitioner is directed to file undertaking in this Court, within a period of four weeks from today with an advance copy thereof to the Advocates for the Respondents, stating that he will submit caste validity certificate, issued by the scrutiny committee within a period of one year from today to the concerned authority and if he failed to do so he will not appear for the first year annual FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5053 OF 2011 4 examination conducted by the Maharashtra University of Health Sciences. However, it is made clear that if, for any reason, the Scrutiny Committee finds it difficult to decide the claim within the stipulated time the Member Secretary of the Scrutiny Committee shall issue letter stating the reasons for delay, addressed to the concerned authority, to enable the petitioner to seek permission to appear for first year annual examination. The concerned authorities to act on the letter issued by the Member Secretary of the Scrutiny Committee and allow the petitioner to appear for the first year annual examination. However, we observe that under any circumstances the Scrutiny Committee shall decide the petitioner's claim before results of the first year annual examination are declared. (d) The petitioner is directed to appear before the Respondent Scrutiny Committee, along with copy of this order and all relevant documents in support of his claim on 25th of July, 2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5053 OF 2011 5 at 11.00 a.m. The Scrutiny Committee shall endeavor to decide the petitioner's tribe claims as expeditiously as possible and preferably before the end of March, 2012. (e) We hope that the petitioner shall cooperate for deciding his tribe claim within the stipulated time and shall not seek adjournments on frivolous grounds. (f) This order shall not create any equity in favour of the petitioner. 9. Rule is disposed of in terms of this order. No costs. 10. Authentic copy of this order is permitted to all the parties as per usual procedure. [S.B. DESHMUKH,J.] [D.B. BHOSALE, J.] grt/-