1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6052 OF 2009 Lokesh S/o.Dileep Sonwane, Age-21 years, Occu-Education, R/o.Bhokari, Tq.Chopda, Dist.Jalgaon, Presently residing at Shiv-Gauri Society, Flat No.4A, Rajendra Nagar, Pune-30 PETITIONER VERSUS 1. The Scheduled Tribe Caste Certificate Verification and Scrutiny Committee, Nandurbar, Through its Member Secretary 2. Maharashtra University of Health Sciences, Nashik Through its Deputy Registrar, (Eligibility Department), Wani Road, Mhasrul, Nashik RESPONDENTS Mr.M.S.Deshmukh, learned counsel for the petitioner. Mr.R.P.Phatake, learned counsel for respondent no.1 Mr.K.C.Sant, learned counsel for respondent no.2 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 10/09/2009 ORAL JUDGMENT : (Per P.V.Hardas, J.) 1. Rule. Rule made 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 of mandamus directing respondent no.1 Scrutiny Committee to decide the tribe claim of the petitioner as belonging to Tokare Koli Scheduled Tribe and also prays for issuance of a writ of mandamus directing respondent no.2 University to declare the result of the petitioner of the examination held in May/June 2009 for 3rd year (First Part) M.B.B.S. Course. In the light of the limited relief which the petitioner has sought for in this petition, we deem it appropriate to decide this petition finally at this stage. 3. The petitioner, undisputedly came to be admitted to the medical course on a seat which was reserved for Scheduled Tribe category candidates as the petitioner claims to be belonging to Tokare Koli Scheduled Tribe. The aforesaid claim of the petitioner was substantiated on the basis of its certificate to that effect issued by the Sub Divisional Officer, Amalner. The caste certificate of the petitioner came to be referred to the Scrutiny Committee for verification and we are informed that it is pending from last 1 year. The petitioner has prosecuted his studies on the condition that the petitioner would produce the validity certificate within a particular time. Since the claim is pending consideration with the respondent Scrutiny Committee, according to us the petitioner can not be faulted 3 for the delay which has arisen in the decision of the tribe claim of the petitioner. 4. Accordingly we allow this petition and direct the petitioner to appear before the respondent Scrutiny Committee on 24/09/2009 and further direct the Committee to decide the tribe claim of the petitioner within 6 months of 24/09/2009, in accordance with Law. Since the tribe claim of the petitioner is pending consideration with the respondent Scrutiny Committee, we direct respondent no.2 to declare the result of the petitioner forthwith and further direct respondent no.2 not to take any adverse action against the petitioner solely on the ground that the petitioner has not produced the validity certificate. 5. Rule is thus made absolute on the above terms with no order as to costs. Copy of this order duly authenticated by Shirastedar of this Court be provided to either counsel on request. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/SEP 2009/wp6052-09