1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1778 OF 2005 1. Rashmi Mashanaji Bonlawar & ors. Petitioners. vs. 1. State of Maharashtra & anr. Respondents Mr.R.K. Mendadkar with Ms.Helen Koli-Mandlik for the petitioner. Mr.R.D.Rane,A.G.P. for the respondent no.1. Ms.Deepa Chavan i/b. M/s.Little & Co. for the respondent no.2. CORAM : R. M. LODHA & R. S. MOHITE,JJ. DATED : 22nd March 2005 ORAL ORDER (R.M. Lodha,J.): Heard the learned counsel for the parties. 2. The issue being short, we issue rule and by consent of the learned counsel, we dispose of the writ petition finally at this stage. 3. The petitioners, thirty one in number, have filed this joint writ petition seeking direction to the respondent no.2-Maharashtra State Examination Council to declare their results for the second and final year of 2 D.Ed. course examination and release their marksheets. 4. The details of the caste claimed by the petitioners and the college allotted to them are given below : Name Caste claimed College allotted 1st Year Result with- D.Ed.Exam held IInd passed in Year D.Ed. exam.Held in -------------------------------------------------------------------- 1.Rashmi Mannerwarlu Shivaji Jr.College March 2002 April- Mashnaji of Edu.Nehru Ng. May 2003 Bonlawar Solapur. 2.Arun Mennerwarlu Govt.Jr.College of March 2002 April- Vitthal Edu.(30 No.ST May 2003 Adamwad Girls)Godhani Rd.Yawatmal. 3.Vadenna Mannerwarlu Jr.College of Edu. October-2002 October Hanmalu Paranda,Usmanabad. 2003 Madikuntawar 4.Dnyaneshwar Koli Mahadeo M.V.T.Nagpure D.Ed.March 2002 October Vishnudas College Bond Pipri 2003 Chandrapur. 5.Amol Chhatri Govt.Adyapik Vidya- October 2002 October Vijayrao laya,Vidyanagar 2003 Karnewar Wasmat Nagar, Parbhani. 6.Ganesh Koli Mahadeo Charwar Adyapak October 2002 October Eknath Rajwad Vidyalaya Ahmadpur, 2003 Latur. 7.Balaji Mahadeo Koli District Institute April October Dnyanoba of Edu.& Training May 2003 2003 Dappadwad Ins.Near Ganesh Oil Mill,Jalna. 8.Anjali Mannervarlu District Edu.& March 2002 April- Manohar Dasare Training Institute May 2003 Yawatmal. 3 9.Santukrao Mannervarlu Kai.Mahesh Savarkar October 2002 October Tukaram Kasewad Periddiwar Adyapak 2003 Vidyalaya,Dhanora, Gadchiroli. 10.Ramrao Dhangad Sarswati Adyapak October 2003 April Bhuma Mehatri Vidyalaya Mandwa 2004 Rd.Kimwat,Nanded 11.Ananda Hindu Tokare Nav Bharat Adyapak April 2004 November Balu Wagh Koli. Vidyalaya,Ramnagar 2004 Wardha. 12.Laxman Koli Mahadeo Sarswati Adyapak October 2003 November Baburao Chapale Vidyalaya Mandwa 2004 Rd.,Kimwat,Nanded 13.Vijayalaxmi Mahadeo Koli Kashi Vishweshwar October 2003 November Yeshwant Dhange Shikshan Prasarak 2004 Mandal Jr.College of Edu. Station Rd. Akkalkot,Solapur. 14.Revansidha Mahadeo Koli -"- October 2003 November Hanamant 2004 15.Kamal Koli Mahadeo Govt.Adyapak Vidya- April 2004 November Gangaram Jamdade laya(Girls) Near SSC 2004 Board,Station Rd. Aurangabad. 16.Sangeeta Dhangad Govt.Adyapak Vidya- October 2003 November Pundlikrao Shilgire laya,Hingoli, 2004 Parbhani. 17.Pandharinath Dhangad Sarswati Adyapak October 2003 November Madhavrao Jajnure Vidyalaya, Mandwa 2004 Rod.Kimwat,Nanded. 18.Anil Dhangad Hari Naik Adyapak April-2004 November Shankarrao Ramlod Vidyalaya Mantha,Jalna 2004 19.Renuka Mannerwarlu Adyapak Vidyalaya October 2003 November Hanmantrao Gorthe Naldurg,Tal.Tuljapur, 2004 Dist.Usmanabad. 20.Renuka Mannervarlu Smt.Sushiladevi April 2004 November Satatraya Shelke Adyapak Vidyalaya 2004 (Girls) Barshi Rd. MIDC Latur. 4 21.Chandrakant Mannerwarlu Sarswati Adyapak October 2003 November Vishwanath Tadewad Vidyalaya,Mandwa 2004 Rd.Kimwat,Nanded. 22.Sudam Mannerwarlu Sarswati Adyapak October 2003 November Pandurang Ammulwad Vidyalaya,Mandwa 2004 Rd.Kimwat,Nanded. 23.Alka Mannerwarlu -"- October 2003 November Vishwanath Adbalwar 2004 24.Shriniwas Mannerwarlu Vivekanand Adyapak April 2004 November Sayanna Suduwad Vidyalaya,Bhabulgad 2004 Dist.Latur. 25.Linganna Mannerwarlu Sarswati Adyapak October 2003 November Gangadhar Darpwad Vidyalaya Mandwa 2004 Rd.Kimwat,Nanded. 26.Shankar Mannerwarlu -"- April 2004 November Nagorao Palewad 2004 27.Venkat Mannerwarlu Tuljabhavani Jr. April 2004 November Gangadharrao Aanmod College of Edu. 2004 Tuljapur,Dist. Usmanabad. 28.Sangita Mannerwarlu Dist.Institute of April 2004 November Kishanrao Anmulwad Edu.& Training, 2004 Chikhali Rd. Buldhana. 29.Sandip Mannerwarlu Dist.Institutre of October 2003 November Dattatraya Pantoji Edu.& Training, 2004 Murud,Latur. 30.Kabirdas Mannerwarlu S.V.S.S.Adyapak April 2004 November Saybu Yadpalwar Vidyalaya 2004 Vidyanagar, Usmanabad. 31.Savita Mannerwarlu Rani Laxmibai Mahila October 2003 November Sayyanna Muttepod Adyapak Vidyalaya 2004 Savargad,Narkhed, Dist.Nagpur. 5. It is not in dispute that the aforesaid petitioners were granted admission in the category of Scheduled Tribe for the D.Ed. course. It is also not in dispute 5 that at the time of their admission to the D.Ed. course the petitioners had obtained caste certificates from the competent Authorities of jurisdiction certifying that they belong to Scheduled Tribe. It is untraversed fact that pursuant to their admission in the D.Ed. course, the petitioners prosecuted their studies; they appeared in the first year of D.Ed. course conducted by the respondent no.2 and all the petitioners successfully cleared the first year of D.Ed. course. The petitioners thereafter prosecuted second and final year of D.Ed. course. It is also undisputed that they were issued hall tickets and they appeared for the examination conducted by the respondent no.2. However, their results are not being declared now on the ground that the petitioners have not got their caste claim verified from the concerned Caste Scrutiny Committee. 6. The learned counsel for the parties fairly stated before us that the controversy raised in the writ petition stands concluded by our order passed on 17th March 2005 in Writ petition No.10678/2004-Pentu Vithalrao Maisanwad & ors. v. State of Maharashtra & ors. 7. In our order passed on 17th March 2005 in the case of Pentu Vithalrao Maisandwad, after noticing the two judgments of the Supreme Court in the cases of 6 Maharashtra v. Milind & ors., AIR 2001 SC 303 and R.Vishwanatha Pillai v. State of Kerala & ors., (2004) 2 S.C.C. 105, we held thus: "In the facts and circumstances of the case already noticed by us hereinabove, no purpose would be served in withholding the declaration of the result on the basis of the D.Ed. final year examination already taken by the petitioners or depriving them of the marksheets and the diploma if they have passed the examination. Needless to say that the petitioners shall not be entitled to any benefit of scheduled Tribe until verified by the concerned Scrutiny Committee." 8. In the light of the aforesaid order, writ petition deserves to be disposed of by the following order: (i) The Maharashtra State Examination Council (respondent no.2) is directed to declare the result of the petitioners for the second and final year D.Ed. examination within two weeks from today and release their marksheets and also diploma certificates if they had passed the examination. (ii) The petitioners, however, shall not be entitled to any benefit of the Scheduled Tribe covered by the Scheduled Tribes Order until their caste claim is duly verified by the competent Caste 7 Verification Committee. No costs. (R.M. (R.M. (R.M. LODHA,J.) LODHA,J.) LODHA,J.) (R.S. (R.S. (R.S. MOHITE,J.) MOHITE,J.) MOHITE,J.)