1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.1718 OF 2010 In WRIT PETITION NO.4725 OF 2010 Ameya Sanjiv Thakur, Minor Though father and natural guardian Sanjiv Shamrao Thakur : Applicant V/s. State of Maharashtra & Ors. : Respondents ... Mr.N. Jamdar with Mr.R.K.Mendadkar and Mr.K.T.Pawar for the applicant. Mr.C.R.Sonawane, Asstt. Govt. Pleader for the respondents. ... CORAM : D.D. SINHA AND MRS.MRIDULA BHATKAR,JJ. DATE : JULY 09, 2010. P.C.: Heard the learned counsel for the applicant and the learned Asstt. Govt. Pleader for the respondents. 2. This Civil Application is filed by the applicant (original petitioner) in Writ Petition No.4725 of 2010 seeking a direction to the respondent no.3 to accept and consider the preference form of the applicant under reserved category of scheduled tribe on the basis of merit. The counsel for the applicant-petitioner has submitted that the caste claim of the 2 applicant came to be invalided by the Caste Scrutiny Committee vide order dated 28.5.2010. The applicant challenged the said order by filing Writ Petition No.4725 of 2010 wherein the Court has already issued notice before admission on 29.6.2010 and the same is pending for adjudication on merits. It is submitted that the last date for submission of preference form for M.B.B.S. course (Part I) is 10.7.2010. It is further contended that as per clause 9 of Information Brochure of preference system for admission to Health Science Courses, candidates belonging to Scheduled Tribe category are required to submit Caste Validity Certificate along with preference form. It is contended that the order of the Caste Scrutiny Committee invalidating the caste claim of the applicant- petitioner is impugned in the above referred Writ Petition which is pending. It is prayed that a direction may be issued to the respondent no.3 to accept and consider the case of the applicant-petitioner from the Scheduled Tribe category provisionally which will be subject to the result of the Writ Petition. 3. The learned Asstt. Govt. Pleader does not dispute the factual aspect of the matter. 4. In view of the peculiar facts and circumstances, we direct the respondent no.3 to accept the preference form of the applicant-petitioner 3 if submitted tomorrow and if it is as per the procedure prescribed in this regard and consider the claim of the applicant for admission if the applicant is otherwise eligible from the Scheduled Tribe category. If the applicant is given admission, the same shall be subject to the result of Writ Petition No.4725 of 2010. The admission would be purely provisional and which shall not create any equity in favour of the applicant-petitioner. 5. With the above direction, the Civil Application is disposed of. (D.D. SINHA, J.) (MRS.MRIDULA BHATKAR,J.)