1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4329/2009 Shri Arun S/o Vyankatrao Ramod Age 18 years, complete, Occ-Student R/o Jarikot, Tq.Dharmabad,Dist.Nanded. .. PETITIONER VERSUS 1. The State of Maharashtra Department of Tribal Development Mantralaya, Mumbai-32, Through its Secretary. (Copy to be served on the Govt. Pleader, High Court of Bombay, Bench at Aurangabad) 2. The Sub Divisional Officer, Degloor, Tq.Degloor, Dist.Nanded. 3. The Tahsildar/Taluka Executive Magistrate Tahsil Office, Dharmabad, Dist.Nanded. 4. The State Educational Research & Training Council, Maharashtra State,Pune. 2 5. The Competent Authority for Admissions to D.Ed. Course, Pune. RESPONDENTS ... Shri A.S.Golegaonkar,Adv.for petitioner Shri S.K.Kadam,AGP for respondent State. ... CORAM : P.V.HARDAS & R.K.DESHPANDE,JJ. DATE : 09/07/2009 ORAL JUDGMENT [PER HARDAS,J.] : Rule. Rule returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2. This is a peculiar petition in which the petitioner seeks a relief of directing the respondents to issue him with the admission form though the petitioner is not possessed with a certificate issued by the competent authority that the petitioner belongs to Mannerwarlu Scheduled Tribe. The petitioner also prays for directing the Sub Divisional Officer, to decide the application of the petitioner for 3 issuance of the caste certificate. 3. It is indeed unfortunate that the application of the petitioner though submitted on 17/6/2009 before the Sub Divisional Officer for issuance of a certificate as belonging to Mannerwarlu Scheduled Tribe, has remained pending. We do not propose to go into the issue as to why the application remained pending. Suffice it to say that if directions are issued to the Sub Divisional Officer for deciding the application of the petitioner within 15 days, interest of justice would be subserved. Unfortunately, mere issuance of directions to the Sub Divisional Officer for deciding application would not suffice as the last date for receipt of the application forms for admission to D.Ed. Course is 12/7/2009. It is stated at the bar before us by learned counsel for the parties that unless and until the candidate produces a certificate issued by the competent authority, forms are not issued to the candidates. The petitioner therefore, would be deprived of an opportunity of submitting his form and offer his candidature for admission to the D.Ed. Course. In the peculiar facts of the case, therefore, we allow this petition and direct the Sub Divisional Officer to decide the application of the petitioner within 10 days from today in accordance with law, if pending. Learned A.G.P. Shri Kadam, undertakes to communicate this decision to the Sub Divisional Officer, Degloor, District Nanded. We further direct the respondents to issue 4 admission form to the petitioner for D.Ed. course, without insisting on the production of a certificate of belonging to Mannerwarlu Scheduled Tribe issued by the competent authority. The petitioner be permitted to submit the form to be considered for admission to D.Ed. course on his own merits if the petitioner is otherwise eligible. We, however, make it clear that in the event the admission is granted to the petitioner, but the petitioner fails to produce the certificate within one month from today, the admission of the petitioner would stand cancelled forthwith. 4. Rule is thus made absolute on the terms indicated above, with no order as to costs. Copy duly authenticated be provided to the learned A.G.P. [R.K.DESHPANDE] [P.V.HARDAS] JUDGE JUDGE umg/wp4329-09