1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 82 OF 2010 Avinath s/o. Dashrath Mamde Age 19 years, Occ. Student, R/o. Degloor through his father Dashrath s/o. Nagappa Mamade Age 48 years, Occ. Agriculture r/o. Degloor, Tq. Degloor, Dist. Nanded. .. petitioners Versus 1] State of Maharashtra through Secretary, Social Welfare Department, Mantralaya, Mumbai. 2] The Scheduled Tribe Certificate Verification Committee, Aurangabad. 3] Government College of Engineering,Pune through its Principal, Tq. & Dist. Pune. .. Respondent. --- Mr. H.K. Munde, Advocate for petitioner. Smt. V.A. Shinde, AGP for the respondent NO.1 Mrs. Sarika Deshpande, Advocate holding for Mr. R.P.Phatke, Advocate for the respondent No.2. CORAM : A.P. DESHPANDE & N.D. DESHPANDE,JJ. DATE : 6TH JANUARY, 2010. ORAL JUDGMENT [ PER A.P. DESHPANDE,J.]:- 2 1] Rule. Rule made returnable forthwith. Taken up for final hearing by consent of parties. 2] The petitioner claims that he belongs to "Koli Mahadeo", Scheduled Tribe. After successfully passing the 12th standard examination from the junior college, the petitioner appeared for the CET for Engineering group. The petitioner came to be admitted to an Engineering course for the academic year 2009-10 in the respondent No.3 college, against a seat reserved for Scheduled Tribe. The petitioner has been provisionally granted admission subject to validation of his caste/tribe certificate issued in his favour by the competent authority. The petitioner is partaking education in the respondent No.3 college. The caste/tribe certificate of the petitioner alongwith necessary documents is already sent to the respondent No.2 Committee for verification and the matter pends with the Committee, as of now. According to the learned counsel for the petitioner the caste claim of the real brother of the petitioner, by name, Rahul Mamde, is already validated and a certificate of validity has been issued in his favour dated 15th March, 2007. Thus, the submission is, that the Scrutiny Committee can complete the verification process promptly. 3] The learned counsel appearing for the respondent NO.2 Committee assures this court that the Committee will complete the caste/tribe verification process, within a period of 4 moths from today. In that view of the matter, we pass the following order :- 3 "The respondent No.2 shall decide the caste/tribe claim of the petitioner to "Koli Mahadeo" Scheduled Tribe, within a period of 4 months from today, after affording a reasonable opportunity of hearing to the petitioner. Until the decision of the tribe claim of the petitioner by the respondent No.2, the respondent No.3 college shall not cancel the admission granted to the petitioner". Rule made absolute in above terms. [N.D. DESHPANDE,J.] [A.P. DESHPANDE.J.] Grt/-