drp {1} W.P.No.9439/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION.9439 OF 2011 Ganesh Suresh Tokwar PETITIONER VERSUS The State of Maharashtra & others RESPONDENTS ....... Mr.S.M.Vibhute, Advocate for the petitioner Mr.S.G.Nandedkar, AGP for respondent State Mr.A.R.Nikam, Advocate for respondent No.3 and 4 ....... [CORAM : B.R.GAVAI, AND A.V.POTDAR, J.J.] DATE : 17 th December 2011 ORAL ORDER: 1. Rule. Rule made returnable forthwith. Heard finally by consent. 2. The petitioner has approached this Court being aggrieved by the order dated 28.03.2008 issued by respondent No. 3 and the order dated 22.04.2008 issued by respondent No.2 canceling the admission of the petitioner of D.Ed. Course. Undisputedly, the petitioner had applied for the D.Ed. course on the basis of his claim as belonging to Scheduled Tribe. The said drp {2} W.P.No.9439/2011 claim is invalidated and hence the action impugned has been taken by the authorities. Mr.Vibhute, learned counsel for the petitioner submits that the petitioner undertakes to give up all the rights and does not challenge the order of the scrutiny committee. It is, therefore, submitted that since the petitioner has already completed the course, the impugned orders be quashed and set aside and the result of the petitioner be directed to be declared. Mr.Nikam, learned counsel appearing for respondents No.3 and 4 vehemently opposed this petition and submitted that the petitioner has been admitted for the D.Ed. course against false claim and therefore, he is not entitled for any relief. 3. No doubt, we do not find any infirmity in the order passed by the Scrutiny Committee, however, the scrutiny committee has not come to the conclusion that the claim of the petitioner is fraudulent one. The petitioner has already undertaken the studies and also completed D.Ed. course and also appeared for the examination. In that view of the matter, we think that the petition needs to be allowed. 4. Rule is made absolute in the following terms, 1. The impugned orders dated 28.03.2008 issued by respondent No.3 and order dated 22.04.2008 issued by respondent No.2 are quashed and set aside. 2. Respondent No.4 is directed to declare the result of the petitioner of final hear examination of D.Ed. course and if drp {3} W.P.No.9439/2011 the petitioner has cleared the examination, then issue necessary certificate in favour of the petitioner. 5. The petitioner has filed an undertaking to the effect that the petitioner has given up all claims to be belonging to Scheduled Tribe. The said affidavit in taken on record and marked “X” for identification. Petition allowed accordingly. [A.V.POTDAR, J.] [B.R.GAVAI, J.] drp/B11/wp9439-11