1 WRIT PETITION NO.: 3889 OF 2011 Kum. Swati D/o Nana Borse Versus State of Maharashtra and others. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD APPELLATE SIDE, CIVIL JURISDICTION WRIT PETITION NO.: 3889 OF 2011 *** Ku. Swati D/o Nana Borse, Age: 19 years, Occu.: Student, R/o Waghadi, Tq. Shirpur, Dist. Dhule. ... PETITIONER. Versus 1. The State of Maharashtra. Copy to be served with the Govt. Pleader, High Court of Judiciature of Bombay Bench at Aurangabad for Secretary, Tribal Development Department, Mantralaya, Mumbai-32. 2. Scheduled Tribes Caste Certificate Scrutiny Committee, Nandurbar, Through its Secretary, Copy served upon Standing Council, of STC Committee, High Court Bombay, Bench at Aurangabad. 3. Pune Institute of Computer Technology, Sr. NO.27, Pune Satara Road, Dhankawadi, Pune-411 043, Through its Principal. 4. Pravesh NIyantran Samiti (H & T Education), Director of Technical Education, Mumbai - 400001. ... RESPONDENTS *** 2 WRIT PETITION NO.: 3889 OF 2011 Kum. Swati D/o Nana Borse Versus State of Maharashtra and others. Mr. D. R. Irale Patil, Advocate for the Petitioner. Smt. A. V. Gondhalekar, A.G.P. for Respondent Nos.1 and 4. Mr. R. P. Phatake, Advocate for Respondent No.2. *** CORAM: D. B. BHOSALE AND S. B. DESHMUKH,JJ. DATED:- 14th JUNE, 2011. ORAL JUDGMENT: 1. Heard learned counsel for the petitioner, learned A.G.P. for respondent Nos.1 and 4 and Mr. Phatake for Respondent No.2. None appears for the Respondent No.3 through served. 2. Rule, returnable forthwith, heard finally by consent of learned counsel for the parties. 3. In this writ petition, the petitioner is seeking the following reliefs: B) The Hon'ble Court may be pleased to pass necessary order and quash and set aside the impugned communication NO.PICT/DESK/ADM/257/11 dated 19.04.2011 passed by the Respondent No.3. B-1) Quashing and setting aside the impugned order dated 19.04.2011 passed by the Respondent No.3 on communication of Pravesh Niyantran Samiti, Respondent No.4 under challenge, the respondent NO.2 may kindly be directed to decide the claim of petitioner as early as possible." 3 WRIT PETITION NO.: 3889 OF 2011 Kum. Swati D/o Nana Borse Versus State of Maharashtra and others. 4. The petitioner claims that she belongs to Tokare Koli, which is recognised as Scheduled Tribe in the State of Maharashtra. Petitioner has stated that she applied for seeking caste validity certificate to Respondent No.2 Scrutiny Committee on 8th November, 2010 and that her tribe claim is still pending. In the meantime, the petitioner has been admitted for the academic year 2010-2011 to the first year Engineering (E & TC) in Respondent No.3 institution. Her admission on the seat reserved for Scheduled Tribe is made subject to verification of her tribe claim. Since the petitioner has not submitted validity certificate within the stipulated time, respondent No.3 institution issued the impugned letter dated 19th April, 2011 stating that the Pravesh Niyantran Samiti (H&T Education) has not approved the petitioner's admission to first year Engineering. In view of the letter, petitioner has approached this Court by way of instant writ petition under Article 226 of the Constitution of India. Having 4 WRIT PETITION NO.: 3889 OF 2011 Kum. Swati D/o Nana Borse Versus State of Maharashtra and others. considered overall facts and circumstances of the case, we are satisfied that this petition can be conveniently disposed of by the following order. 5. Respondent No.2 Scrutiny Committee shall decide the petitioner's Tribe claim as expeditiously as possible and preferably within a period of six months from the date of receipt of this order. Petitioner is directed to appear before the Scrutiny Committee on 4th July, 2011 along with copy of this order. 6. Till the petitioner's Tribe claim is decided by the Scrutiny Committee, Respondent No.3 institute shall not cancel the admission of the petitioner on this ground and allow her to pursue her education and also to appear for examinations, if any, if otherwise she is eligible to appear for the examinations. 7. This order is passed, subject to the decision of the Scrutiny Committee in respect of the tribe claim of the petitioner and that it shall not create equities in favour of the Petitioner.. 8. Rule is accordingly made absolute in above 5 WRIT PETITION NO.: 3889 OF 2011 Kum. Swati D/o Nana Borse Versus State of Maharashtra and others. terms. No costs. 9. Authentic copy of this order is permitted to the parties. [S. B. DESHMUKH, J.] [D. B. BHOSALE, J.] Dated:16/06/2011. ans/3889 6 WRIT PETITION NO.: 3889 OF 2011 Kum. Swati D/o Nana Borse Versus State of Maharashtra and others. WRIT PETITION NO.: 3889 OF 2011 Date of decision: 16th JUNE, 2011. For approval and signature THE HONOURABLE SHRI JUSTICE D. B. BHOSALE THE HONOURABLE SHRI JUSTICE S. B. DESHMUKH. Whether Reporters of local papers ... Yes may be allowed to see the judgment? To be referred to the Reporter or not? ... No Whether Their Lordships wish to see ... No fair copy of the judgment? Whether this case involves a substantial... No question of law as to the interpretation of the Constitution of India, 1950, or any order made thereunder? Whether it is to be circulated to the ... No Civil Judges? Whether the case involves an important ... No question of law and whether a copy of the judgment should be sent to Nagpur, Goa and Bombay offices? [G. F. ANSARI] PRIVATE SECRETARY TO THE HONOURABLE JUDGE