1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 9627 of 2010 Hanmant Tejerao Mamde Age : 20 Sex : Male Occ. Education, R/o. Deep Nagar, Mukhed, Dist. Nanded. Petitioner Vs 1] State Of Maharashtra through Tribal Development Department. 2] The Scheduled Tribe Certificate Scrutiny Committee Aurangabad Through Its Member Secretary 3] The Maharashtra University Of Health Sciences Wani Road Mhasrul Nashik 4] The Dean, B.j. Medical College Jai Prakash Narayan Road Sasun Hospital Pune Respondents Mr. A.M. Gaikwad, Advocate for petitioner' Mr. S.K. Kadam, AgP for respondent Nos. 1 and 4 Mr. R.P. Phatke, Advocate for respondent No.2 Mr. S.G. Sangle, Advocate holding for Mr. K.D.Bade Patil, Advocate for respondent No.3. CORAM : D.B. BHOSALE M.T. JOSHI,JJ. DATE : 21st March, 2011. ORAL JUDGMENT [ PER D.B. BHOSALE, J.] : 2 1] Rule. Rule made returnable forthwith. By consent of parties, taken up for final hearing at the stage of admission. 2] In this writ petition, the petitioner, who is pursuing MBBS course, has made the following prayers :- “Issue writ of mandamus, or any other appropriate writ, order or directions, in the nature of writ of manadmus, directing the respondent No.2 to consider and decide the proposal submitted by the petitioner through the college on 4/7/2009, as early as possible and for that purpose issue necessary orders.” “Issue writ of mandamus, or any other appropriate writ, order or directions, in the nature of writ of manadmus, directing the respondents to declare the result of the petitioner of the MBBS 1st year examinations held in the month of May, 2010, and further allow the petitioner to prosecute his further studies by giving admission to the second year and for that purpose issue necessary orders.” 3] Learned counsel for the petitioner invited our attention to the order passed by this court, dated 2/3/2010 in W.P. No. 403/2010 ( Annexure “D” to the writ petition) and submitted that despite specific directions issued by the said order, the Scrutiny Committee, has not yet decided the petitioner's claim and in view thereof, respondent No.3 - University, has withheld the result of the petitioner. We fail to understand as to why respondent No.2, committee, has yet not decided caste claim of the petitioner, despite specific directions issued by this court earlier. However, without entering into the reasons therefor, we are satisfied that this petition can be conveniently disposed of by the following order :- 3 O R D E R (I) The Scrutiny Committee shall decide the petitioner's caste claim, as expeditiously as possible, and in any case, within a period of 3 months, from the date of receipt of this order. (ii) Respondent No.3 University, in the meanwhile, shall declare the petitioner's result of the First Year MBBS Examination, held in May, 2010, within a period of 10 days. (iii) We hope that the college authorities and the University shall allow the petitioner to submit examination form, within a period of 5 days from the date of declaration of his result and in that event, neither the college authorities nor University authorities shall demand late fees from the petitioner. (iv) The petitioner is allowed to prosecute further studies and also to appear for further examination/s, till his caste claim is decided by the Scrutiny Committee. Rule made absolute in above terms, with no orders as to costs. [M.T. JOSHI,J] [D.B. BHOSALE,J.] grt/wp