{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5707 OF 2009 Digambar Damu Raising R/o Tardi, Tq-Shirpur, Dist-Dhule PETITIONER VERSUS 1. The State of Maharashtra Through its Secretary, Tribal Development Department, Mantralaya, Mumbai 2. The Committee for Scrutiny and Verification of Tribe Claims, Nandurbar Division, Nandurbar 3. The North Maharashtra University Jalgoan, through its Registrar RESPONDENTS ....... Mr.S.R.Barlinge, Advocate for the petitioner Mr.V.B.Ghatage, AGP for respondent No.1. Mr.P.S.Patil, Advocate for respondent No.2 Mr.A.B.Girase, Advocate for respondent No.3 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 28th August 2009 ORAL JUDGMENT (PER P.V.HARDAS, J.) : 1. Rule. Rule returnable forthwith. With the consent of {2} learned counsel for the parties this petition is heard finally at the stage of admission. 2. By this petition, under Article 226 of the Constitution of India, the petitioner prays for issuance of a writ to respondent No.2 Committee for deciding the caste claim of the petitioner and also prays for issuance of a writ of mandamus directing respondent No.3 to permit the petitioner to prosecute studies in B. Pharmacy course during the pendency of the proceedings before the Scrutiny Committee. 3. In the light of the limited relief, which is sought for by the petitioner in this petition, we deem it appropriate to decide this petition finally at this stage. 4. It appears that the petitioner, who claims to be belonging to Tokare Koli Scheduled Tribe, was admitted to first year B. Pharmacy course on a seat which was reserved for Scheduled Tribe candidate. Certificate of the petitioner had already been referred to respondent Scrutiny Committee in the year 2005 and the same is pending verification. According to the petitioner, respondent No.3 has intimated the petitioner that if the petitioner fails to produce the validity certificate, his admission is likely to be canceled. Nurturing the aforesaid apprehension, the petitioner has filed present petition. {3} 5. In the light of the fact that the petitioner has been granted admission pending consideration of his claim before the Scrutiny Committee and since the claim is pending consideration before the Scrutiny Committee, we are inclined to allow this petition. We accordingly direct the petitioner to appear before respondent Scrutiny Committee on 16.09.2009 and also direct the committee to decide the caste claim of the petitioner within four months of 16.09.2009. We also direct respondent No.3 not to take any coercive steps of cancellation of the admission of the petitioner solely on the ground of failure of the petitioner to produce caste validity certificate. 6. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp5707-09