WP 5056/11 - 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5056/2011 Arpan s/o Madhukar Kinkar, age 17 yrs., occu.education, through guardian mother Smt.Vandana w/o Madhukar Kinkar, age 52 yrs., occu.household, r/o Deulgaon Tq.Darwha Dist.Yavatmal. ...Petitioner.. Versus 1] The State of Maharashtra, through Secretary, Medical Education & Drugs Department, Maharashtra State, Mantralaya, Mumbai-32. 2] The Director, The Directorate of Medical Education & Research, CET Cell, St.George's Hospital Compound, Near CST Railway Station, Mumbai 400 001. 3] Government Medical College, Aurangabad. through its Dean. 4] The Scheduled Tribe Certificate Verification Committee, Amravati Division, Amravati, through Member Secretary. ...Respondents... ..... WP 5056/11 - 2 - Shri A.K. Tiwari, Advocate h/f Shri N.V. Gaware, Advocate for petitioner. Shri V.D. Godbharle, AGP for respondent nos.1 to 3. Shri R.P. Phatake, Advocate for respondent no.4. ..... CORAM: D.B. BHOSALE & S.B. DESHMUKH, JJ. DATE: 12.07.2011 PER COURT : 1] Heard learned counsel for the parties. 2] Rule. Rule made returnable forthwith and taken for final disposal with the consent of learned counsel for the parties. 3] The challenge raised and the prayers made in the present writ petition and in Writ Petition Nos.4871/2011, 4873/2011, 4740/2011 and 4797/2011 are similar. By the judgment and order dated 7.7.2011, we have disposed of those four writ petitions. Learned counsel for the petitioner states that the petitioner would be satisfied if this petition is disposed of in terms of the judgment dated 7.7.2011. Learned counsel for the respondents have no objection for the same. The only difference between the petitions disposed of vide order dated 7.7.2011 and the present writ petition is that in this petition, the petitioner submitted application for validity of caste to the scrutiny committee on 2.7.2011. The petitioner has also placed on record a certificate issued by the respondent - scrutiny committee dated 8.7.2011 showing that the application/proposal of the WP 5056/11 - 3 - petitioner has been accepted, scrutinized and registered by the scrutiny committee as contemplated by Rule 12 of the Maharashtra Scheduled Tribes (Issuance and Verification) Certificate Rules, 2003. . One more distinguishing factor will have to be noted. In clause (9) of the Brochure, reference to Govt. Resolution dated 2nd May, 2011 is made whereby the cut of date for submission of the application for validity of caste was 30th May, 2011. This cut off date has, admittedly, been extended vide Govt. Resolution dated 22nd June, 2011 up to 15th July, 2011 and since the petitioner's application for validity of caste was submitted on 8th July, 2011, his case is also covered by the order dated 7th July, 2011 passed in the aforementioned 4 writ petitions. . It is true that by this Government Resolution, the cut off date for submission of applications for validity of caste to the scrutiny Committee was extended only in respect of the candidates belonging to backward class categories. We have already taken a view, in the order dated 7th July, 2011, that such artificial discrimination cannot be created between the two reserved categories, namely, Scheduled Tribes and Backward Class categories. For the very same reasons, we are extending the benefits of the Govt. Resolution dated 22.6.2011 even to the students belonging to Scheduled Tribe category. 5] In the circumstances, for the reasons recorded in the order dated 7.7.2011 disposing of the four writ petitions, we are allowing this writ petition also. Hence, WP 5056/11 - 4 - we pass the following order. (a) The Respondents are directed to accept the petitioner's preference form from S.T. category if he produces proof of application for validity of caste, submitted to the scrutiny committee through his junior college before 15th July, 2011 as per the Government Resolution dated 22nd June, 2011. It is needless to mention that the petitioner will be entitled for admission on the seat reserved for Scheduled Tribe category, only if he satisfies other eligible criteria for admission to Health Science Courses. (b) The petitioner is directed to submit undertaking as per the proforma given in the brochure on Rs.50/- stamp paper. (c) Further, the petitioner is directed to file undertaking in this Court, within a period of four weeks from today with an advance copy thereof to the Advocates for the Respondents, stating that he will submit caste validity certificate, issued by the scrutiny committee within a period of one year from today to the concerned authority and if he fails to do so he will not appear for the first year annual examination conducted by the Maharashtra University of Health Sciences. However, it is made clear that if, for any reason, the Scrutiny Committee finds it difficult to decide the claim within the stipulated time the Member Secretary of the Scrutiny Committee shall issue letter stating the reasons for delay, addressed to the concerned authority, to enable the petitioner to seek permission to appear for the first year annual examination. In that event, the WP 5056/11 - 5 - concerned authorities to act on the letter issued by the Member Secretary of the Scrutiny Committee and allow the petitioner to appear for the first year annual examination. However, we observe that under any circumstances the Scrutiny Committee shall decide the petitioner's claim before result of the first year annual examination is declared. (d) The petitioner is directed to appear before the Respondent Scrutiny Committee, along with copy of this order and all relevant documents in support of his claim on 25th of July, 2011 at 11.00 a.m. The Scrutiny Committee shall endeavor to decide the petitioner's tribe claims as expeditiously as possible and preferably before the end of March, 2012. (e) We hope that the petitioner shall cooperate for deciding his tribe claim within the stipulated time and shall not seek adjournments on frivolous grounds. (f) This order shall not create any equity in favour of the petitioner. 9. Rule is disposed of in terms of this order. No costs. 10. Authentic copy of this order is permitted to all the parties as per usual procedure.” (S.B. DESHMUKH, J.) (D.B. BHOSALE, J.) ndk/c1271111