(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 2824 of 2010 (In Writ Petition No. 2714 of 2007) Shri Shyam s/o. Ganesh Thakur, Age : 23 years, Occupation : Student, R/o. Raul Nagar, Nr. V.K. Society, A/p. Dandaicha, .. Applicant Taluka : Sindkheda, (Original District : Dhule. petitioner) versus 1. The State of Maharashtra, Through the Secretary, Tribal Development Department, Mantralaya, Mumbai-32. 2. The Scheduled Tribe Caste Certificate Verification Committee, Nashik Division, Nashik, Through its Director. 3. The Dy. Collector, Collectorate, Dhule. 4. The Competent Authority & Director, Medical Education & Research, Maharashtra State, St. George's Hospital Compound, Near CST, Mumbai-1. (2) 5. The Dean, Lokmanya Tilak Ayurvedic Mahavidyalaya, Pune. 6. Maharashtra University of Health Sciences, Vani Road, Nashik, Through its Registrar. .. Respondents. ....................... Mr. A.S. Golegaonkar, Advocate, for the applicant. Mr. P.P. More, Assistant Government Pleader, for respondent nos.1, 3 and 4. Mr. U.S. Malte, Advocate, for respondent no.2. ........................ CORAM : A.P. DESHPANDE & N.D. DESHPANDE, JJ. DATE : 3RD MARCH 2010 COURT'S ORDER (Per A.P. Deshpande, J.) : 1. It is the case of the petitioner, that the petitioner's tribe claim to "Thakur", Scheduled Tribe, has been invalidated. However, pending this petition, under interim orders, the petitioner is permitted to appear for B.A.M.S. examination. (3) 2. The petitioner has now appeared for final B.A.M.S. examination. However, his result has been withheld on account of non-production of caste(tribe) validity certificate. 3. The learned Counsel appearing for the applicant (petitioner in Writ Petition) submits that the petition needs to be heard peremptorily. By moving this application, the petitioner is seeking direction against respondent nos. 5 and 6 to declare the result of B.A.M.S. final year examination held in November/December 2009. 4. Having regard to the earlier orders passed and being of the view that it would be in furtherance of cause of justice to permit the petitioner to undergo internship, which is of one year duration, we are inclined to allow the application. 5. Hence, the application is allowed. We direct the respondent nos.5 and 6 to declare result of the petitioner of final year examination of B.A.M.S., however, subject to the condition that the petitioner shall file an undertaking in this court, within a period of two weeks from today, that he will not claim any benefit available to "Thakur", Scheduled Tribe, either for post-graduate studies or for (4) obtaining public employment, unless and until the petitioner's tribe claim is validated. ( N.D. DESHPANDE ) ( A.P. DESHPANDE ) JUDGE JUDGE ......................... bgp/ca2824