SRK 1 wp-8413-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8406 OF 2010 Mrs. Mujawar Kurshid Haroon ... Petitioner Versus The State of Maharashtra and another. ... Respondents Mr.Ajit J. Kenjale for the petitioner. Mr. A.I. Patel, Assistant Government Pleader for respondent No.1. CORAM : MOHIT S. SHAH, C.J. & DR. D.Y. CHANDRACHUD , J. Tuesday, October 19, 2010 P.C. The learned counsel for the petitioner seeks leave to make correction in para 4 and prayer clause (c) of the petition. 2. The petitioner is, accordingly, permitted to make correction in para 4 of the petition to indicate that the petitioner is having caste certificate and the petitioner's father is having caste certificate and does not have caste validity certificate. 3. In prayer clause (c), the date `4.10.2010' shall be substituted as `3.8.2010 at Exhibit "F" '. 4. The petitioner challenges the communication dated 3 August 2010 by which respondent No.2 college has cancelled the petitioner's SRK 2 wp-8413-10 admission to the 1st year M.B.A course for the academic year 2009-2010. The petitioner secured admission to the 1st year M.B.A. course for the academic year 2009-2010 in respondent No.2 college in August 2009 on the basis that the petitioner belongs to the reserved category of O.B.C. The petitioner has made an application to the Caste Scrutiny Committee bearing No.1828 on 10 September 2010. The petitioner was required to furnish certain particulars and the petitioner claims that such particulars have been furnished. However, the Caste Scrutiny Committee has not taken any decision on the petitioner's application. Therefore, the respondent No.2 college has cancelled the petitioner's admission by the impugned letter dated 3 August 2010 at Exhibit `F, on the ground that caste validity certificate was required to be submitted on 30 November 2009 but no such certificate was submitted. 5. The learned counsel for the petitioner submits that since the petitioner's application for caste validity certificate is still pending before the Caste Scrutiny Committee, the respondent No.2 college could not cancel the admission for M.B.A. course when the petitioner already completed her studies in the 1st year M.B.A. course and is also declared to have passed the examination for 1st year M.B.A. course. The petitioner, therefore, seeks admission to the 2nd year M.B.A. course. 6. Having heard the learned counsel for the petitioner and the learned AGP for respondent No.1, we dispose of this petition with a direction that the Caste Scrutiny Committee shall consider the petitioner's application No.1828 as expeditiously as possible and in any case within three months from today. In the meantime, the communication dated 3 SRK 3 wp-8413-10 August 2010 shall remain in abeyance and respondent No.2 shall provisionally admit the petitioner to the 2nd year M.B.A. course, if the petitioner is otherwise eligible for such admission to 2nd year M.B.A. course. 7. It is made clear that this direction is subject to a caste validity certificate being issued by the Caste Scrutiny Committee on the application made by the petitioner and in case the caste validity certificate is not granted, petitioner will have to face all the consequences as stipulated under the Maharashtra Schedule Caste, Scheduled Tribes, De-Notified Tribes (Vimukta Jati), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance of Verification of ) Caste Certificate Act, 2000. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.