1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6574 OF 2009 Kum. Kavita Raghunath Thakur, Age : 19 years, Occ. Student r/o Plot No.3, Shankarwadi near J.D.C.C. Bank Hall Ring road, Jalgaon Dist. Jalgaon ..PETITIONER VERSUS 1. The State of Maharashtra Through Secretary Tribal Welfare Department, Mantralaya, Mumbai 2. The Scheduled Tribe Caste Certificate Verification Committee, Nandurbar Division, Nandurbar Through its Secretary 3. The Government College of Engineering, Jalgaon Through its Principal 4. The Director of Technical Education, Maharashtra State, 3, Mahapalika Marg Post Box No.1967 Mumbai-400 001 ..RESPONDENTS Mr Anil S. Golegaonkar, Advocate for the petitioner; Mr N.N. Jadhav, A.G.P. for respondent nos.1, 3 & 4; Mr R.P. Phatke, Advocate for respondent no.2. CORAM : P.V. HARDAS AND A.V. POTDAR, JJ 2 DATE : 5th October 2009 ORAL JUDGMENT [ PER P.V.HARDAS , J ] 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. We have Shri A.S. Golegaonkar, learned Counsel for the petitioner; learned A.G.P. Shri N.N. Jadhav on behalf of respondents no.1, 3 & 4 and Shri R.P. Phatke, learned Counsel on behalf of respondent no.2. 3. The petitioner who claims to be belonging to "Thakur" - Scheduled Tribe obtained admission on the strength of the marks obtained by the petitioner in MH-CET 2009 examination. The admission is granted to the petitioner on a seat which was reserved for Scheduled Tribe candidate. The claim of the petitioner has accordingly been referred to the respondent - Scrutiny Committee on 3.12.2007 and since then the claim is pending. The petitioner by this petition, therefore, seeks for issuance of a writ directing the respondent - Scrutiny Committee to decide the claim of the petitioner and also to direct respondents no.3 & 4 not to take any adverse action of cancellation of the admission till the claim is decided by the 3 Committee. In the light of the limited reliefs which the petitioner has prayed for in this petition, we deem it appropriate to decide this petition finally at this stage. 4. We accordingly allow this petition and direct the respondent Scrutiny Committee to decide the tribe claim of the petitioner expeditiously and for that purpose we direct the petitioner to appear before the Committee on 7.11.2009 and further direct the Committee to decide the claim of the petitioner within six months of 7.11.2009. We also direct the respondents no.3 & 4 not to cancel the admission of the petitioner and to permit her to prosecute her studies, pending the decision of the Scrutiny Committee on the sole ground that the petitioner has failed to produce the validity certificate. It is needless to state that the admission of the petitioner would be subject to the result of the decision of the Scrutiny Committee. 5. Rule is thus made absolute on the above terms with no order as to costs. ( A.V. POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp6574.09 4