1 wp2068-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2068 OF 2011 Durgesh Raghunath Thakur ....Petitioner V/s. State of Maharashtra & Ors. ....Respondents Mr.R.K. Mendadkar for the Petitioner. Mr.A.B. Vyagyani, A.G.P. for Respondent Nos.1 and 2. Mr.S.B. Shetye for Respondent No.3. CORAM : MOHIT S. SHAH, C.J. AND S.J. VAZIFDAR, J. FRIDAY, 18TH MARCH 2011. P.C. :- 1. The petitioner secured the admission on the basis of the reservation to the M.B.B.S. Course in respondent No.4 – College affiliated to respondent No.3 - University on the basis of the caste certificate certifying the petitioner to a Scheduled Tribe candidate. The petitioner’s case for the caste scrutiny was thereafter placed before the Scheduled Tribe Caste Certificate Scrutiny Committee, at Nashik and subsequently before the Scheduled Tribe Caste Certificate Scrutiny Committee, Nandurbar. 2. The petitioner’s grievance is that in spite of the directions given by this Court as far back as on 22.7.2007 in Writ Petition No.3789 2 wp2068-11 of 2007, requiring the Scrutiny Committee to dispose of the matter within four months from the date of the order, the petitioner has not been called for any hearing, nor any decision has been taken by the committee. In the mean time, the results of the final year M.B.B.B. examination have been declared on 25.2.2011 and the petitioner’s result is withheld on the ground of non-production of the caste validity certificate. 3. Mr.Vyagyani, the learned A.G.P. for respondent Nos.1 and 2, State of Maharashtra and Scheduled Tribe Caste Certificate Scrutiny Committee states that the Scrutiny Committee has already issued notice dated 9.3.2011 to the petitioner, calling upon the petitioner to remain present at the hearing on 29.3.2011 along with all necessary documents. It is further mentioned in the notice that the Scrutiny Committee had sent the notice on 1.2.2011 to the petitioner, but it was returned unserved. 4. The learned counsel for the petitioner states that the petitioner has not received the notice, stated to have been sent to the petitioner at the address mentioned in the notice, though the petitioner’s permanent residence is correctly shown in the said notice. 5. In view of the above, we record the statement of the learned counsel for respondent Nos.1 and 2 that a copy of the said notice dated 9.3.2011 of the Scrutiny Committee along with a copy of the vigilance report has been hand over to the learned counsel for the petitioner today and the learned counsel for the petitioner acknowledges having received the said notice along with a copy of the vigilance report. 3 wp2068-11 6. Further the learned counsel for the petitioner states that the petitioner will extend full co-operation for expeditious hearing before the Scheduled Tribe Caste Certificate Scrutiny Committee, Nandurbar. 7. In view of the above, we dispose of the petition with a direction to the Scheduled Tribe Caste Certificate Scrutiny Committee, Nandurbar that the hearing fixed before the Scheduled Tribe Caste Certificate Scrutiny Committee, Nandurbar shall take place on 29.3.2011 and the Scheduled Tribe Caste Certificate Scrutiny Committee, Nandurbar shall thereafter render its decision within one week thereafter and communicate the same to the petitioner at the following address mentioned in the notice dated 17.1.2011 : “Durgesh Raghunath Thakur C/o Raghunath Madhavarao Thakur, Plot No.3, Opposite G.S. Patil Sabhagriha, Near J.D.C.C. Bank, Ring Road, Shankar Wadi, Jalgaon, District Jalgaon.” In case the decision is not rendered by the Scheduled Tribe Caste Certificate Scrutiny Committee, Nandurbar in spite of the time framed, liberty to the petitioner to apply. The writ petition stands disposed of. The parties to act on an ordinary copy of this order duly authenticated by the Court Associate. CHIEF JUSTICE S.J. VAZIFDAR, J.