(1) JUD-WP-5051.2011+ IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5051 OF 2011 Narendra S/o Bhoomanna Bainwad Age : 20 years, Occu.: Student, R/o : 17 & 18 V.L. Govindwd Vithal Niwas, Tirmala Nagar, Nanded, Dist. Nanded 431 602 PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Medical Education and Drugs Dept., Mantralaya, Mumbai-32 (Copy to be served on Govt. Pleader High Court of Bombay, Bench at Aurangabad) 2. The Director of Medical Education and Research, Opp. Govt. Dental College, Mumbai - 400 001 3. The Government Medical College, Through its Dean, Aurangabad 4. The Committee for Scrutiny and Verification of Tribe Claims, Through its Dy. Director (Research) Aurangabad Division, Aurangabad RESPONDENTS WITH WRIT PETITION NO. 5033 OF 2011 Shreya D/o Paraji Aglave, Age: 18 years, Occu.: Education, Through Natural Guardian and Father Paraji S/o Kanhu Aglave, Age : 45 years, Occu.: Agril., R/o : At Post Nimblak, Tq. Ahmednagar, Dist. Ahmednagar PETITIONER (2) JUD-WP-5051.2011+ VERSUS 1. The State of Maharashtra, Through Principal Secretary, Tribal Development Department, Mantralaya, Mumbai-32 2. Director of Medical Education & Research, CET Cell, Opp. Govternment Dental College & Hospital Building, St. George's Hospital Compound, Near CST Railway Station, Mumbai - 400 001. 3. B.J. Medical College, Jayprakash Narayan Road, Near Pune-Railway Station, Sasun Hospital Compound, Pune-1 Through its Dean 4. Scheduled Tribe Certificate Scrutiny Committee, Nashik, Through its Member Secretary RESPONDENTS AND WRIT PETITION NO. 4607 OF 2011 Ku. Renuka D/o Sunil Pawar, Age: 19 years, Occu.: Student, Through her father- Sunil S/o Ramdas Pawar, Age : 52 years, Occu.: Service, R/o : 16, Madhuban, Pinto Colony, Jail Road, Nashik Road, Nashik PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Medical Education & Drugs Department, Mantralaya, Mumbai - 32 2. The Maharashtra Council for Agriculture Education and Research, Pune (3) JUD-WP-5051.2011+ 3. The Maharashtra University of Health Science, Gangapur Road, Nashik, Through its Registrar 4. The Committee for Scheduled Tribe Certificate Scrutiny and Verification of Tribe Claim, Nandurbar Region, Nandurbar RESPONDENTS ..... Mr. B.R. Kedar, Advocate h/f. Mr. A.H. Koralkar, Advocate for the petitioner (WP 5051 of 2011) Mr. Sandeep Deshmukh, Advocate for the petitioner (WP 5033 of 2011). Mr. P.V. Suryawanshi, Advocate h/f. Mr. S.R. Barlinge, Advocate for the petitioner (W.P. 4607 of 2011) Mr. S.K. Tambe, A.G.P. for the Respondent-State. Mr. K.D. Bade Patil, Advocate for the respondent no.3 (WP 4607.2011) ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 16TH SEPTEMBER, 2011 JUDGMENT (PER - M.T. JOSHI, J.): 1. Rule. Rule made returnable forthwith. The parties are heard finally by consent of the parties. 2. In all the present Writ Petitions, the petitioners are seeking quashment of clause no. 9 of the Informaton Brochure of Preference System for Admission to Health Science Courses for the year 2011-2012, which requires that caste validity (4) JUD-WP-5051.2011+ certificate is essential for admission to the said course for scheduled tribe category. The brochure provides that sofar as the candidates from scheduled tribe is concerned, they are required to submit the caste validity certificate at the time of submission of preference form only. However, as regards the other reserved category candidates like backward class etc., a mere undertaking is sufficient, if no such validity certificate is issued. 3. In Writ Petition no. 5241 of 2011, decided by the Division Bench presided over by the Hon'ble the Chief Justice at Mumbai vide order dated 12.09.2011 has held that rules regarding caste validity certificate for scheduled tribe students shall be brought on par with similar rules for the students regarding other reserved candidates, wherein the same condition in the brochure was in dispute. 4. In that view of the matter, the Writ Petitions are allowed. Rule is made absolute by quashing clause no. 9 in the Information Brochure. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/