1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.8156 OF 2010 Yogita Mohan Pardeshi, Age 19 years, Occ. Education, R/o 4, Jadhav Nagar, Sindkheda, Tq. Sindkheda, District Dhule. ... PETITIONER VERSUS 1. The State of Maharashtra, through its Secretary, Social Welfare Department, Mantralaya, Mumbai. 2. The Divisional Caste Certificate Verification Committee, Dhule, Kanushri Tower, Badgujar Plot, Parola Road, Dhule, District Dhule, Through its Secretary. 3. The North Maharashtra University, Jalgaon, District Jalgaon. through its Registrar. ... RESPONDENTS ..... Shri A.B. Karande, Advocate for the petitioner Shri K.M. Suryawanshi, A.G.P. for respondent Nos.1 & 2. Shri A.B. Girase, Advocate for respondent No.3 ..... CORAM: R.S. MOHITE & SHRIHARI P. DAVARE, JJ. DATED: 8th September, 2010 ORAL JUDGMENT (PER SHRIHARI P. DAVARE, J.): 1. At the request of learned counsel for the petitioner, leave 2 granted to delete respondent No.4 and consequential amendment in the present petition. Amendment to be carried out forthwith. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition heard finally at the stage of admission. 2. By the present petition filed by the petitioner under Article 226 of the Constitution of India, the petitioner has prayed for writ of mandamus, directing the respondent No.2 Committee to decide the caste claim of the petitioner at the earliest and also prayed for issuance of directions to respondent No.3 to accept the examination form of the present petitioner and to allow the present petitioner to prosecute the further studies and to appear for the examination, and also prayed that respondent No.3 be directed to declare the result of the petitioner for the second term of the first year Bachelor in Engineering Course. 3. It is the contention of the petitioner that he belongs to Hindu Bhamta Pardeshi, which is notified as Vimukta Jati and the competent authority has issued caste certificate to the petitioner in that respect on 24.6.1994. It is also the contention of the petitioner that the Junior College submitted the proposal of the petitioner to respondent No.2 Committee for verification of the caste certificate of the petitioner on 15.12.2008. The vigilance squad, by letter dated 9.5.2009, directed the petitioner to appear before it on 21.5.2009 and accordingly, the 3 petitioner appeared before it and produced the original documents. Moreover, the respondent No.2 Committee also sent the letter dated 7.10.2009 to the concerned College and requested not to compel the present petitioner for caste validity certificate as said process was under progress. It is also the contention of the petitioner that he took the admission on merits to the Course of Bachelor of Engineering (Computer Engineering) in Shramsadhana Bombay Trust, College of Engineering and Technology, Jalgaon for the year 2009-2010. Accordingly, the petitioner submits that, he appeared for the first term examination and result thereof was declared. Thereafter the petitioner appeared for the second term examination, but the result thereof has been withheld by the respondent No.3 University due to non submission of the caste validity certificate by the petitioner. Hence, the petitioner has filed the present petition for the prayers as set out hereinabove. 4. Heard learned counsel for the parties. 5. It is apparent that the proposal for the petitioner's caste claim is pending with the respondent No.2 Committee for validation since December 2008, due to which the result for the second term of the first year of Bachelor of Engineering Course (Computer Engineering) has been withheld by respondent No.3. In the circumstances, it is necessary to direct the respondent No.2 4 Committee to decide the petitioner's caste claim for validation within a reasonable period and to direct the respondent No.3 to declare the aforesaid result of the petitioner forthwith to enable him to take further steps. 6. In the result, the present petition succeeds and the respondent No.2 is directed to decide the caste verification claim of the petitioner within a period of six months from today and the respondent No.3 University is directed to declare the aforesaid result of the petitioner for the second term of first year Bachelor of Engineering (Computer Engineering) Course forthwith to enable the petitioner to take the further suitable steps. It is made clear that the declaration of the said result shall be subject to decision of the respondent No.2 Committee. Present petition stands disposed of accordingly. Rule is made absolute in aforesaid terms. 7. Parties to act on the authenticated copy of this judgment, duly signed by the Sheristedar. (SHRIHARI P. DAVARE, J.) (R.S. MOHITE, J.)