1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.10189 OF 2010 Shri Bhupendra s/o. Narendra Wankhede, Age 20 years, Occ. Student, R/o. 29B, Rajendra Nagar, Nandurbar, Tq. And Dist. Nandurbar Petitioner Versus 1] The State of Maharashtra Department of Tribal Development Mantralaya, Mumbai-32. 2] The Scheduled Tribe Caste Certificate Scrutiny Committee, Nandurbar Division, Nandurbar, through its Secretary 3] The Director of Technical Education Maharashtra State, 3, Mahapalika Marg, P.B.No. 1967, Mumbai 400 001. 4] Government College of Engineering Jalgaon, through its Principal. 5] North Maharashtra Univesity Jalgaon- 425 01 through its Registrar. Respondents Mr. A.S. Golegaonkar, Advocate for the petitioner Mr. R.P. Phatke, Advocate for the respondent NO.2. 2 CORAM : B.R. GAVAI & A.A. SAYED, JJ.. DATE : 28TH OCTOBER, 2010. ORAL JUDGMENT [PER B.R.GAVAI, J.]: 1] Rule. Rule made returnable forthwith. Heard by consent. 2. The limited grievance in the petition is that though the claim of the petitioner, for validity of his claim, of belonging to "Thakur", Scheduled Tribe, is pending before the respondent no.2, and though the petitioner has appeared for second Semester of First Year B.E. (E & TC) examination held in May 2010, the result has not been declared and, as such, the petitioner cannot prosecute his further studies. 3. We find that the petitioner cannot be penalized for delay on the part of respondent no.2, in deciding the caste claim of the petitioner. In that view of the matter, we are inclined to allow the petition. 4. In the result, the petition is allowed. (i) The respondent no.2 / Committee is directed to consider 3 and decide the caste claim of the petitioner, of belonging to "Thakur ", Scheduled Tribe , on its own merits, within a period of one year from today. (ii) The petitioner shall appear before the Scrutiny Committee on 20th December, 2010 and, as such, the requirement of formal notice shall stand waived. (iii) The respondent no.3 is directed to declare the result of the petitioner, for second semester of First Year B.E. (E & TC) examination held in May 2010, and if the petitioner is declared successful in the said examination, to admit him for the third year of the said course. (iv) Until the decision of the respondent no.2, regarding the validity of the petitioner's caste claim, the petitioner's admission to the said course shall not be cancelled on the ground of non-submission of caste validity certificate. In the event, an order adverse to the interest of the petitioner is passed by the Scrutiny Committee, the same shall not be given effect to, for a period of four weeks from the date of the receipt of the order by the petitioner. 4 5. Rule is made absolute in the aforesaid terms. However, there shall be no order as to costs. ( A.A. SAYED ) ( B.R. GAVAI ) JUDGE JUDGE ......................... GRT/WP10189.10