1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4091/2009 AVINASH VINAYAK GONNADE VERSUS THE STATE OF MAHARASHTRA AND OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Ashish.W.Paunikar,Advocate, for the petitioner Smt. B.H.Dangre, Addl. Govt. Pleader for Respondent NO.1 Shri N.W.Sambre, Advocate, for Respondent No.2. Shri R.D.Khade, Advocate, for Respondent No.3 CORAM : D.D.SINHA & F.M.REIS, JJ. DATE : NOVEMBER 6 , 2009 . C.A. NO. 2224/2009 Heard learned counsel for the parties. 2/- Learned counsel for the petitioner has submitted that the petitioner has applied for admission to the First Year M.B.B.S Course for the academic session 2008-09 from Halba Schedule Tribe category. His claim was considered and was given admission from same category in Grant Medical College, Mumbai. It is contended that the petitioner submitted the Caste Certificate as well as other documents in support of his caste claim with the College and the College then forwarded it to the Caste 2 Scrutiny Committee, Gadchiroli for verification of the caste claim of the petitioner in the year 2008. The petitioner attended the college for the whole academic session 2008-09 and also appeared for the First Year Final Examination. However, the result of the said examination was not declared by the University for want of validity certificate. 3/- It is contended that since the caste claim of the petitioner is pending with the Caste Scrutiny Committee, the petitioner could not submit the validity certificate and in absence thereof, the result of the petitioner was not declared by the University and therefore, the petitioner could not apply for admission to the Second Year M.B.B.S Course. Learned counsel for the petitioner, therefore, contended that appropriate direction to the University to declare the result may be given. Similarly, the direction to the Caste Scrutiny Committee may also be given to decide the caste claim of the petitioner in accordance with law. It is further submitted that the petitioner shall not claim any equity on the basis of the declaration of the result and it will be subject to the decision of the Caste Scrutiny Committee. 4/- Mr. Khade, learned counsel for the University, has submitted that the result of the petitioner was not declared since the petitioner failed 3 to submit the validity certificate. 5/- Mr. Sambre, learned counsel for the Caste Scrutiny Committee has submitted that the verification proceedings shall be completed within a period of three months from today. 6/- Considered the rival contentions canvassed by the respective counsel for the parties. In the backdrop of the above referred facts, since the caste verification is pending with the Caste Scrutiny Committee though the petitioner submitted the caste certificate and other documentary evidence well in time with the authority concerned and therefore, in the interest of justice, we direct the university to declare the result of the petitioner of First Year M.B.B.S. Course purely provisionally. The petitioner shall not claim any equity on the basis of the said result. It will be subject to the decision of the Caste Scrutiny Committee. The Caste Scrutiny Committee is directed to decide the caste claim of the petitioner within a period of three months from the date of communication of this order. 7/- We have once again make it clear that the petitioner shall not claim any equity merely because the petitioner is permitted to undertake M.B.B.S. Course provisionally, permitted to appear in the 4 examination of First Year, University is directed to declare the result of the examination, since all these things are made subject to the decision of the Caste Scrutiny Committee. 8/- The petitioner to appear before the Caste Scrutiny Committee on 20th November, 2009 at 11 O’clock. 9/ With these observations and directions, the writ petition as well as C.A. No. 2224/2009 are disposed of accordingly. JUDGE JUDGE Rvjalit