1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION No. 1572/2011. Shri Junaid Ahamad Shah -VERSUS- The State of Maharashtra and others. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI & P.D. KODE, JJ. DATED : JULY 04, 2011. Heard Shri R.D. Bhuibar, learned Counsel for the petitioner Student and Shri J.B. Jaiswal, learned A.G.P. for respondent nos. 1, 2, 3 and 5. None appears for respondent no.4 College, though served. By consent of learned Counsel appearing for the respective parties, Rule is made returnable forthwith and matter is heard finally. Petitioner is prosecuting his B.Pharm., 1st year Degree Course in the respondent no.4 College. In view of the short grievance made by the petitioner, we 2 have accepted the reply as drafted by the office of the Government Pleader, though it is not still affirmed. Short contention of Shri Bhuibar, learned Counsel appearing on behalf of the petitioner is, that claim of petitioner as belonging to”Chapparband” community has been rejected only on the ground that because of the orders of this Court, the Government Resolution dated 29.06.2006 has been withdrawn. He points out that later on an identical Government Resolution has been issued on 23.03.2011 i.e. after filing of the present petition. Learned A.G.P. states that the later Government Resolution dated 23.03.2011 is not placed on record and the same is not identical. He points out that, in Writ Petition No. 4506/2004 this Court has on 07.10.2010 noted that earlier circular dated 29.06.2006 would be withdrawn. After hearing the respective Counsel, we find that mere withdrawal of the Government Circular dated 29.06.2006 was not sufficient to invalidate the caste claim of the petitioner, the same ought to have been adjudicated on merits. In any case, 3 now the field is occupied by another circular dated 23.03.2011. The petitioner is already prosecuting his studies, hence in this situation, we quash and set aside the order dated 01.03.2011 passed by the respondent no.2 Committee and place the matter back before it for fresh consideration in accordance with the law. Petitioner to appear before the said Committee on 01.08.2011 and to abide by its further instructions in the matter. The Committee to attempt to decide the caste claim of petitioner as early as possible and in any case within a period of 6 months from the date of appearance. Writ Petition is thus allowed. Rule is made absolute in the aforesaid terms, with no order as to costs. JUDGE JUDGE Rgd