bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 9169 OF 2007 PETITION NO. 9169 OF 2007 PETITION NO. 9169 OF 2007 Mr.Prakash Markandeya Yadav ... Petitioner V/s The State of Maharashtra & ors. ... Respondents Mr.Arvind Tiwari i/by Ashok Yadav for the petitioner. Mr.C.R.Sonawane, A.G.P. for respondent Nos.1, 2 & 4. CORAM: CORAM: CORAM: J.N.PATEL AND J.N.PATEL AND J.N.PATEL AND SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, JJ. MHATRE, JJ. MHATRE, JJ. DATED: DATED: DATED: 12TH FEBRUARY, 2008. 12TH FEBRUARY, 2008. 12TH FEBRUARY, 2008. P.C. P.C. P.C.: 1. Heard. 2. This petition can be disposed of at the stage of admission itself. 3. The petitioner approached this Court seeking relief that the respondent No.2 should take a decision in the matter of scrutiny of his caste claim within a stipulated period as the petitioner took admission in Maharashtra Academy of Engineering College against the seat meant for Nomadic Tribe as the petitioner claims that he belongs to caste Hindu-Ahir which is recognised 2 as Nomadic Tribe. The petitioner has also annexed two decisions of this Court wherein such directions were issued as the scrutiny committee failed to decide in respect of validity of the caste claim of the petitioner. One such petition was required to be filed by his own uncle. 4. It is the contention of the learned counsel for the petitioner that as the petitioner’s caste claim has not been scrutinized and no decision is taken by respondent No.2, the petitioner will not be permitted to continue with his education and appear for the second semester examination which is going to be held in the month of March, 2008. Further, the result of the first semester has not be declared for want of caste validity certificate. We therefore direct the respondent No.2 to take a decision in the matter of caste claim of the petitioner within a period of four weeks from the date of his appearance. 5. In the meantime, we direct the respondent No.4 to declare the result of the petitioner in respect of the examination held in December for the first semester of which result is withheld as the petitioner has not been able to get the validity certificate in respect of his caste claim so as to enable the petitioner to apply for 3 the examination of the second semester of which the last date is 14.2.2008. We make it clear that the petitioner will not claim any equity in the matter if his caste certificate is not held to be valid by the respondent No.2. 6. The petitioner is directed to appear before the Caste Scrutiny Committee at Pune alongwith all original documents and evidence in respect of his caste claim on 18.2.2008 at 11.00 hrs. 7. Petition stands disposed of accordingly. 8. Authenticated copy of the order be furnished to the learned counsel for the parties to communicate it to the authority to enable the authority to act upon it. (J.N. (J.N. (J.N. PATEL, J.) PATEL, J.) PATEL, J.) (SMT.NISHITA (SMT.NISHITA (SMT.NISHITA MHATRE, J.) MHATRE, J.) MHATRE, J.)