(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 8528 OF 2010 Shri Sharad s/o. Prakashrao Chavan, Age : 20 years, Occupation : Student, R/o. 43, Samarth Kripa, Eknath Nagar, Parbhani - 431 101. .. Petitioner. versus 1. The State of Maharashtra, Department of Tribal Development, Mantralaya, Mumbai-32, Through its Secretary. 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, Through Member Secretary. 3. Maharashtra University of Health Sciences, Vani Road, Nashik, Through its Registrar. 4. The Dean, Government Medical College, Jubilee Park, Aurangabad. .. Respondents. ....................... (2) Mr. S.C. Yeramwar, Advocate, for the petitioner. Mr. K.M. Suryawanshi, Assistant Government Pleader, for respondent nos.1 and 4. Mr. R.P. Phatke, Advocate, for respondent no.2. Mr. K.D. Bade Patil, Advocate, for respondent no.3. ........................ CORAM : B.R. GAVAI & A.A. SAYED, JJ. DATE : 13TH OCTOBER 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. By way of present petition, the petitioner raises a grievance that though the petitioner's claim for determining his validity of belonging to "Thakur", Scheduled Tribe, is pending before respondent no.2 / Committee for a considerable length of time, the same has not been decided, as yet, and that the result of the petitioner, of first year M.B.B.S. course, is not being declared. 3. By interim order dated 21st September 2010, we had (3) already directed the result of the petitioner to be declared and further, in the event, the petitioner clears First Year M.B.B.S. course, to accept his form for M.B.B.S., Part II. 4. The claim of the petitioner's real brother, namely, Sandip, has already been validated by the Committee. In that view of the matter, the petition deserves to be allowed. 5. In the result, the petition is allowed. (i) The respondent no.2 / Committee shall decide the tribe claim of the petitioner, within a period of one year from today. (ii) The petitioner shall appear before the respondent no.2 / Committee on 25th October 2010 and, as such, requirement of formal notice by the Committee, to the petitioner, shall stand waived. (iii) The respondent nos.3 and 4 shall not cancel admission of the petitioner, on the ground of non-submission of caste (tribe) validity certificate, till the decision of the respondent no.2 / Committee, and in the event, order passed by the Committee is adverse to the interest of the petitioner, for a further period of four weeks from the receipt of communication by the petitioner. (4) 6. Rule is made absolute in the aforesaid terms. However, there shall be no order as to costs. ( A.A. SAYED ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp8528