WP 2300/11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.2300/2011 _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri S.C. Yeramwar, Advocate for petitioner. Shri B.V. Wagh, AGP for respondent no.1. Shri R.P. Phatke, Standing Counsel for respondent no.2. CORAM: D.B. BHOSALE & M.T. JOSHI, JJ. Date: 29.03.2011 Heard learned counsel for the parties. Rule. Rule made returnable forthwith for final hearing at the stage of admission with the consent of learned counsel for the parties. The main prayers in this writ petition under Article 226 of the Constitution of India read thus: “(B) To quash and set aside the order dated 6.4.2010 passed by three Members of the respondent no.2-committee and direct respondent no.2-committee to issue Caste Validity Certificate without putting any WP 2300/11 2 condition in the format provided under Maharashtra Act No.XXIII of 2001 in pursuance to judgment and order dated 24.2.2010 passed by the Hon’ble High Court in Writ Petition No.7271/2009 by issuing the appropriate writ, orders, or directions as the case may be; (C) To direct respondents no.3 & 4 to consider the petitioner as eligible candidate from Scheduled Tribe Reserved Category on the basis of decision of the Hon’ble High Court dated 24.2.2010 in Writ Petition No. 7271/2009 and allow the petitioner to complete studies in B.Tech.(Paint) course by declaring results of examinations of the petitioner of First Semester of Fourth Year with Seat No.56812 and PRN No.62645257- L as well the drop out subjects of First Semester of Second Year with Seat No. 56659 & PRN No.62645257-L and further to accept examination fees and examination forms of the forthcoming examinations and declare the results time to time by issuing the appropriate writ, orders, or directions as the case may be.” Our attention was invited to the judgment and order dated 24.2.2010 passed by this Court in Writ Petition No.7271/2009 whereby the said writ petition, filed by the present writ petitioner, was allowed and the order of the respondent – scrutiny committee, came to be quashed and set aside and it was declared that the petitioner belongs to Thakur - scheduled tribe. The scrutiny committee WP 2300/11 3 was also accordingly directed to issue caste validation certificate as Thakur – scheduled tribe to the petitioner. In view thereof, the scrutiny committee has issued the caste validation certificate dated 7.4.2010, however, in the certificate, they added the following note: “This certificate is issued subject to the final decision of the Hon’ble Apex Court as Special Leave Petition is being filed by the State and applicable in this case only.” In view of the aforesaid note, the petitioner contends that respondent nos.3 & 4 are not declaring the petitioner’s results of First Semester of Fourth Year and First Semester of Second Year of B.Tech.(Paint) course. Learned counsel for the respondent – scrutiny committee is not in a position to state whether the Special Leave Petition, as indicated in the afore-mentioned note, is filed and if yes, whether there is any interim order passed by the Supreme Court. In view thereof and having considered over all facts and circumstances of the case, we are WP 2300/11 4 satisfied that this petition can be conveniently disposed of by the following order. The scrutiny committee, within a period of four weeks from today, shall either delete the foot-note in the certificate dated 7.4.2010, if the Special Leave Petition is not filed / pending in the Supreme Court or if the SLP is filed and pending, they shall so inform in writing to the petitioner giving the number of the SLP within four weeks from today. In the meanwhile, respondent nos.3 & 4 are directed to declare the petitioner’s result of First Semester of the Fourth Year and First Semester of the Second Year of B.Tech. (Paint) course forthwith. It is needless to mention that the petitioner will also have liberty to appear for the forthcoming examination/s and that respondent nos.3 & 4 shall allow him to appear for all examinations subject to an order of the Supreme Court, if any, if the SLP is filed and pending in the Supreme Court. With these observations, the petition is WP 2300/11 5 disposed of. Office to issue authenticated copy of this order to the learned counsel for the parties on demand. (M.T. Joshi, J.) (D.B. Bhosale, J.) Dt/- 29.03.2011 ndk/c2931118