WP 2899/11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.2899/2011 Akanksha Arunkumar Rathod V/s The State & others. _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri A.S. Bayas, Advocate for petitioner. Shri D.R. Korde, AGP for respondent no.1. Shri R.P. Phatake, Advocate for respondent no.2. Shri K.C. Sant, Advocate for respondent no.3. Respondent no.4 served. CORAM: D.B. BHOSALE & S.B. DESHMUKH, JJ. Date: 15.06.2011 Heard learned counsel for the respective parties. The petitioner is seeking the following reliefs: "(A) The respondent no.3 and 4 be directed to accept the examination form of the petitioner for the course of MBBS first year by issuing writ of mandamus or any other WP 2899/11 2 appropriate writ like nature. (B) The respondent no.2 Scrutiny Committee be directed to decide the tribe claim of the petitioner within the time specified by this Hon'ble Court. (C) The respondent no.2 & 3 be directed not to take any adverse action including non acceptance of examination form, withholding of result, admission for the next year etc. only on the ground non submission of caste validity certificate as the same is pending before the Scrutiny Committee." This Court, vide order dated 13.4.2011 by way of interim relief, directed respondent nos.3 & 4 to accept the examination form of the petitioner and allow her to appear for the First Year MBBS examination. We are informed that the petitioner has appeared for First Year MBBS examination and her result is awaited. The petitioner had applied for caste validity certificate to respondent no.2 - scrutiny committee in 2008 itself and since WP 2899/11 3 then her tribe claim is pending for consideration. In view thereof and considering that the petitioner was allowed to appear for First Year MBBS examination by this Court vide order dated 13.4.2011, we are satisfied that the following order shall meet the ends of justice. Respondent no.2 - scrutiny committee shall decide the petitioner's tribe claim as expeditiously as possible and preferably within a period of six months from the date of receipt of this order. The petitioner is directed to appear before the concerned scrutiny committee on 4.7.2011 with copy of this order. In the mean while, respondent nos.3 & 4 are directed to declare the petitioner's result of the First Year MBBS examination. Her admission for the next year and declaration of the result would be subject to outcome of the decision by the scrutiny committee in respect of her tribe claim. It is made clear that this order shall not create any equities in favour of the WP 2899/11 4 petitioner. With these observations, the writ petition is disposed of. (S.B. Deshmukh, J.) (D.B. Bhosale, J.) Dt/- 15.06.2011 ndk/c1561116