1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.9449 OF 2010 Rohan S/o. Ravindra Solunke Age 20 years, Occ. Student. R/o. Khote Nagar, Tq. And Dist. Jalgaon. Petitioner Versus 1] The State of Maharashtra through its Secretary Higher Education Department, Mantralaya, Mumbai- 400 032 2] Scheduled Tribe Caste Certificate Scrutiny Committee, Nandurbar. 3] Registrar, Maharashtra University of Health Science, Vani Road, Mhasrul, Nashik. 4] Principal, Kisan Dnyanodaya Mandal Gude Homeopathic Medical College [ DELETED] Respondents Mr.C.V. Dharurkar, Advocate holding for Mr. R.V. Gore, Advocate for petitioner Mrs. A.V. Gondhalekar, AGP for respondent No.1. Mr. R.P. Phatke, Advocate for respondent No.2 Mr. K.D. Bade, Patil for respondent No.3 2 CORAM : B.R. GAVAI & A.A. SAYED, JJ.. DATE : 22nd OCTOBER, 2010. ORAL JUDGMENT [PER B.R.GAVAI, J.]: 1] Rule. Rule made returnable forthwith. Heard by consent. 2. The limited grievance in the petition is that though the claim of the petitioner, for validity of his claim, of belonging to "Tokare Koli", Scheduled Tribe, is pending before the respondent no.2, and though the petitioner has appeared for second year of B.H.M.S.(new) examination held in May-June 2010, the result has not been declared and, as such, the petitioner cannot prosecute his further studies. 3. We find that the petitioner cannot be penalized for delay on the part of respondent no.2, in deciding the caste claim of the petitioner. In that view of the matter, we are inclined to allow the petition. 4. In the result, the petition is allowed. 3 (i) The respondent no.2 / Committee is directed to consider and decide the caste claim of the petitioner, of belonging to "Tokre Koli", Scheduled Tribe , on its own merits, within a period of one year from today. (ii) The petitioner shall appear before the Scrutiny Committee on 22nd November, 2010 and, as such, the requirement of formal notice shall stand waived. (iii) The respondent no.3 is directed to declare the result of the petitioner, for second year B.H.M.S. examination held in May-June 2010, and if the petitioner is declared qualified in the said examination, to admit him for the third year of the said course. (iv) Until the decision of the respondent no.2, regarding the validity of the petitioner's caste claim, the petitioner's admission to the said course shall not be cancelled on the ground of non-submission of caste validity certificate. In the event, an order adverse to the interest of the petitioner is passed by the Scrutiny Committee, the same shall not be given effect to, for a period of four weeks from the date of the receipt of the order by the petitioner. 4 5. Rule is made absolute in the aforesaid terms. However, there shall be no order as to costs. ( A.A. SAYED ) ( B.R. GAVAI ) JUDGE JUDGE ......................... GRT/WP9449.10