(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 6298 OF 2006 Somnath s/o. Bapuji Thakur, Age : 22 years, Occupation : Student, R/o. At Post Malpur, Taluka : Shindkheda, District : Dhule. .. Petitioner. versus 1. The State of Maharashtra, through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32. 2. The Committee for Scrutiny and Verification of Tribe Claims, Through its Dy.Director (Research), Nasik Division, Nasik. 3. The Directorate of Higher Education, Maharashtra State, 1st Floor, Central Building, Pune. 4. B.Ed. Admission Committee, through its Chairman on behalf of B.Ed. .. Respondent no.4 Admission State Competent Authority, deleted. Pune. 5. The Principal, Nandurbar Taluka Vidhayak Samiti College of Education, Khodalmata Road, Nandurbar, District : Nandurbar (2) 6. The North Maharashtra University, Jalgaon, District : Jalgaon, Through its Chief Examination Controller. 7. The North Maharashtra University, Jalgaon, District : Jalgaon, Through its Registrar. .. Respondents. ....................... Mr. A.H. Koralkar, Advocate, for the petitioner. Mr. S.K. Tambe, Assistant Government Pleader, for respondent nos.1 and 3. Mr. P.S. Patil, Advocate, for respondent no.2. Respondent no.4 deleted. Mr. D.S. Bagul, Advocate, for respondent no.5. Respondent nos.6 and 7 served (Absent). ......................... CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 25TH SEPTEMBER 2009. COURT'S ORDER : 1. The learned Counsel appearing for the petitioner seeks liberty to delete respondent no.4. Liberty granted at the risk of the petitioner. (3) 2. The petitioner has filed the present petition since the claim of the petitioner, of belonging to "Thakur", Scheduled Tribe, has not yet been decided by the respondent no.2 Committee and the petitioner was apprehending cancellation of his admission to the B.Ed. course on account of non-submission of validity certificate. 3. It is further reported that during the pendency of the petition, the petitioner has already appeared for final B.Ed. examination and his result has been withheld. The petitioner has filed an undertaking, that he shall not claim any further benefits of belonging to Scheduled Tribe till his claim of belonging to Scheduled Tribe is decided by the respondent no.2 Committee. The said undertaking is at Exhibit "I" to the petition. 4. The petition is, therefore, disposed of with the following directions : (i) The respondent no.2 Committee is directed to decide the tribe claim of the petitioner within a period of four months from the date of appearance of the petitioner before the Committee. (ii) The petitioner is directed to appear before the Committee on 12th October 2009 and, as such, formal notice shall stand waived. (iii) It is further directed that till the decision of the tribe claim of the petitioner, no adverse action shall be taken against the petitioner. (4) (iv) We further direct the respondent nos.6 and 7 to declare result of the petitioner of B.Ed. examination and also furnish marks sheet and passing certificate to the petitioner. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp6298