1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4030/2009 PRATIK N BHANARKAR VERSUS MAH. UNIVERSITY OF HEALTH SCIENCE AND ANOTHER - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.S.P.Hedaoo, Advocate, for the petitioner, Mr. J.B.Jaiswal, Advocate, for Respondent No.1. Mr. S.M.Puranik, Advocate, for Respondent No.2 CORAM : D.D.SINHA & F.M.REIS, JJ. DATE : NOVEMBER 13 , 2009 . Heard Shri Hedaoo, Advocate, for the petitioner, Shri Jaiswal, Advocate, for Respondent No. 1 and Shri Puranik, Advocate, for Respondent No.2. Counsel for the petitioner has submitted that the present writ petition is filed by the petitioner seeking direction to the respondents to declare the result of the petitioner of B.D.S. 3rd Year Examination held in the month of May/June, 2009. It is submitted that the petitioner belongs to Halba (Schedule Tribe) and was admitted in B.D.S. Course from the said Category. The petitioner’s caste claim came to be invalidated by the Caste Scrutiny Committee vide order dated 15.10.2009. The petitioner has challenged the said order by filing Writ 2 Petition No. 4634/2009 and this Court vide order dated 3rd November, 2009, issued notice, which is made returnable on 24.11.2009 and in the meantime, the respondents were directed not to disturb the admission of the petitioner. It is submitted that all these facts are not stated in the present petition, since the present petition is filed by the petitioner earlier to the order passed by the Caste Scrutiny Committee, whereby the caste claim of the petitioner came to be invalidated. However, these facts are true and correct. The counsel for the petitioner prayed that in the circumstances direction be given to the respondent No.1 University to declare the result of the petitioner of B.D.S. 3rd Year examination, which shall be subject to the result of the Writ Petition No. 4634/2009. Mr. Jaiswal and Mr. Puranik, learned counsel for the respondent nos. 1 & 2 respectively did not dispute the above factual aspect of the matter. In view of the above referred undisputed facts, it appears that though the caste claim of the petitioner is invalidated by the Committee, however, by the interim order passed by this Court in Writ Petition No. 4634/2009, the admission of the petitioner is protected. In that view of the matter, we direct Respondent No.1 University to declare the result of the petitioner of B.D.S. 3rd Year Examination held in 3 the month of May/June, 2009, provisionally, which will be subject to the result of Writ Petition No. 4634/2009. It is made clear that the declaration of the result shall not create any equity in favour of the petitioner and the declaration of the result is made subject to the result of the said petition. Petition disposed of accordingly. JUDGE JUDGE Rvjalit