Wp 2468/11 1 IN THE HICH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2468/2011 Ms.Subiya A.Shaikh Petitioner Vs. The State of Maharashtra and Ors. Respondents Mr.J.B.Kocheta for petitioner Mr.C.R.Sonawane ,AGP forRes.1 & 2 Mr.D.A.Nalawade for Res.3 & 4 CORAM- A.M.KHANWILKAR AND MRS.MRIDULA BHATKAR,JJ. DATE - 29th MARCH,2011 P.C. . Heard counsel for the parties. Rule. Rule made returnable forthwith by consent . Mr.Sonawane waives service for respondent nos. 1,2 and 5. Mr.Nalawade waives service for respondent nos.3 and 4. As short question is involved,the petition is taken up for final disposal by consent . 2 Respondent nos.6 and 7 are private respondents and since the direction is sought essentially against the official Wp 2468/11 2 respondents and for the nature of the order, we propose to pass it is not necessary to put respondent nos.6 and 7 to notice. 3 The grievance in this petition is that although the petitioner was admitted against the reserved category (OBC) after fulfilling necessary formalities , validity certificate has still not been issued by the Scrutiny Committee. Where as, the petitioner is due to appear for the first year examination of B.D.S.course. But due to non issuance of validity certificate by the Scrutiny Committee the petitioner is likely to be denied enrollment and issuance of hall ticket. Considering the fact that the proposal regarding validity of caste claim has been submitted to the Scrutiny Committee and the academic year is likely to get over shortly and yet no decision has been taken by the Scrutiny Committee on the said proposal, the petitioner cannot be blamed for the inaction of the Scrutiny Committee. Thus,the petitioner cannot be deprived of appearing in the examination which is due to be held in the month of April,2011. In this backdrop we propose to dispose of this petition with following directions. Wp 2468/11 3 A] We direct the respondent no.5/Scrutiny Committee to decide the caste claim of the petitioner as expeditiously as possible and in any case not later than 8 weeks from today. B] In the mean time respondent nos.3 and 4 shall accept the application for enrollment and examination form of the petitioner to appear for 1st year,BDS examination in April, 2011. C] The petitioner would be entitled to appear for the said examination if she has fulfilled other mandatory requirements which is a matter to be considered by the University on its own merits.In other words this order is not a direction to ignore the deficiencies with regard to other mandatory requirements, if any. D] If the University issues hall ticket to the petitioner she would be free to appear for the 1st year BDS examination commencing in April, 2011 ,however, that will not create any Wp 2468/11 4 right in favour of the petitioner whatsoever. E] The examination result of the petitioner shall be kept in abeyance by the University until the decision of the caste Scrutiny Committee . F] The petitioner shall appear before the office of the Scrutiny Committee on 8/4/2011. 4 The petitioner through counsel undertakes to extend full co-operation for early decision of the proceedings before the Scrutiny Committee and shall not take any adjournment on any ground in the said proceedings . That assurance is accepted. The petitioner further undertakes through her counsel that if the petitioner is busy with the examination or otherwise , her father will remain present before the Scrutiny Committee on the date of the hearing and shall not apply for adjournment. The petition is disposed of on the above terms. (MRS.MRIDULA BHATKAR,J.) (A.M.KHANWILKAR ,J.)