1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION 5030 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 5030 OF 2011 *** Abhidnya D/o Ashokrao Bukkawar, Age: 17 years, Occu.: Student, Through her natural guardian father Ashok S/o Tulshiram Bukkawar, Age: 41 years, Occu.: Service, Ro Degloor, Tq. Degloor, Presently residing at Tirupati Niwas, Madhavpura, Nanded, Tq. and Dist. Nanded. ... PETITIONER. VERSUS 1. The State of Maharahsra. Through Secretary, Public Health and Medical Education, Maharashtra State, Mantralaya, Mumbai-32. 2. The Director, Medical Education & Research, Govt. of Maharashtra, CET Cell, Opp. Govt. Dental College & Hospital, Building, Saint John Hospital Compound, Near CST Railway Station, Mumbai-01. 3. The Chairman/ Dirctor, Scheduled Tribe, Caste Verification Scrutiny Committee, Aurangabad Division, Aurangabad. (Notices of R-1 & 2 to be served Through Govt. Pleader, High Court Bench at Aurangabad. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION 5030 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. (Notice of R-3 to be served on its Standing Counsel, High Court, Bench at Aurangabad. ... RESPONDENTS. *** Mr. S.B.Gastagar, Advocate for Petitioner. Mr. V.D.Godbharle, AGP for Respondent Nos.1&2 Mr. R.P.Phatake,Advocate for Respondent No.3. *** CORAM: D. B. BHOSALE * S. B. DESHMUKH, JJ. DATE: JULY 11, 2011. ORAL JUDGMENT: 1. Heard learned counsel for the parties. 2. Rule, made returnable forthwith, heard finally with consent of the parties. 3. The challenge raised and the prayers made in this writ petition are similar to that of the challenge raised and prayers made in Writ Petition No.4871, 4873, 4740 and 4797 of 2011. By the order dated 7th July, 2011 we disposed of those four writ petitions. Learned counsel for the petitioner states that the petitioner would be satisfied if this petition is disposed of in terms of the judgment dated 7th July, 2011 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION 5030 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. in the above four writ petitions. Learned counsel for the Respondents have no objection for the same. 4. In view of this we pass the following order: (a) The Respondents are directed to accept the petitioner's preference form from S.T. category if he produces proof of application for validity of caste, submitted to the scrutiny committee through his junior college before 30th of May, 2011 as per the Government Resolution dated 2nd May, 2011. It is needless to mention that the petitioner will be entitled for admission on the seat reserved for Scheduled Tribe category, only if he satisfies other eligible criteria for admission to Health Science Courses. (b) The petitioner is directed to submit undertaking as per the proforma given in the brochure on Rs.50/- stamp paper. 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION 5030 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. (c) Further, the petitioner is directed to file undertaking in this Court, within a period of four weeks from today with an advance copy thereof to the Advocates for the Respondents, stating that he will submit caste validity certificate, issued by the scrutiny committee within a period of one year from today to the concerned authority and if he failed to do so he will not appear for the first year annual examination conducted by the Maharashtra University of Health Sciences. However, it is made clear that if, for any reason, the Scrutiny Committee finds it difficult to decide the claim within the stipulated time the Member Secretary of the Scrutiny Committee shall issue letter stating the reasons for delay, addressed to the concerned authority, to enable the petitioner to seek permission to appear for first year annual examination. 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION 5030 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. The concerned authorities to act on the letter issued by the Member Secretary of the Scrutiny Committee and allow the petitioner to appear for the first year annual examination. However, we observe that under any circumstances the Scrutiny Committee shall decide the petitioner's claim before results of the first year annual examination are declared. (d) The petitioner is directed to appear before the Respondent Scrutiny Committee, along with copy of this order and all relevant documents in support of his claim on 25th of July, 2011 at 11.00 a.m. The Scrutiny Committee shall endeavor to decide the petitioner's tribe claims as expeditiously as possible and preferably before the end of March, 2012. (e) We hope that the petitioner shall cooperate for deciding his tribe claim within 6 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION 5030 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. the stipulated time and shall not seek adjournments on frivolous grounds. (f) This order shall not create any equity in favour of the petitioner. 9. Rule is disposed of in terms of this order. No costs. 10. Authentic copy of this order is permitted to all the parties as per usual procedure. [S. B. DESHMUKH, J.] [D. B. BHOSALE, J.] Dated:11/07/2011. ans/5030 7 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION 5030 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 5030 OF 2011 Date of decision: 11th JULY, 2011. For approval and signature THE HONOURABLE SHRI JUSTICE D. B. BHOSALE THE HONOURABLE SHRI JUSTICE S. B. DESHMUKH. Whether Reporters of local papers ... Yes may be allowed to see the judgment? To be referred to the Reporter or not? ... No Whether Their Lordships wish to see ... No fair copy of the judgment? Whether this case involves a substantial... No question of law as to the interpretation of the Constitution of India, 1950, or any order made thereunder? Whether it is to be circulated to the ... No Civil Judges? Whether the case involves an important ... No question of law and whether a copy of the judgment should be sent to Nagpur, Goa and Bombay offices? [G. F. ANSARI] PRIVATE SECRETARY TO THE HONOURABLE JUDGE