(1) wp9329-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9329 OF 2011 Abhijit Ashok More PETITIONER VERSUS The State of Maharashtra & others RESPONDENTS ..... Mr. A.S. Golegaonkar, advocate for the Petitioner. Mr. V.D. Rakh, A.G.P. for the Respondent-State. Mr. S.S. Tope, advocate for Respondent No. 2. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 9th DECEMBER, 2011 ORAL ORDER: 1. Rule. Rule made returnable forthwith and heard finally, by consent. 2. By way of present petition, the petitioner has approached this Court contending that though the claim of the petitioner is pending for a considerable time, the same is not yet decided by the Scrutiny Committee and in the event Validity Certificate is not submitted by the petitioner, coercive action may be taken by the respondent Nos. 3 and 4 against the petitioner. (2) wp9329-11 3. The petitioner cannot be penalised on account of inaction on part of the respondent No. 2 Committee in not deciding the claim of the petitioner. It is not in the hands of the petitioner to get the claim decided within a stipulated period. 4. In that view of the matter, we are inclined to allow the petition in the following terms :- (a) The Respondent No. 2 Committee is directed to decide the claim of the petitioner within a period of six months from today. (b) The Respondent No. 3 and 4 are directed to allow the petitioner to appear for Third M.B.B.S. Part-II Examination and declare his result of the said Examination, without insisting on submission of the Caste Validity Certificate. So also the Respondent Nos. 3 and 4 are directed to permit the petitioner to complete Internship in case he succeeds in the Final M.B.B.S. Part-II Examination. (c) In the event the order passed by the Respondent No. 2 Committee is adverse to the interest (3) wp9329-11 of the petitioner, the same shall not be given effect to for a period of four weeks from the receipt of such order by the petitioner. 5. Rule is made absolute in the above terms. [M.T. JOSHI, J.] [B.R. GAVAI, J.] npj/wp9329-11