WP/10620/2010 1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 10620 OF 2010 Anjumara Shaphoddin Saudagar Age 19 years, Occ. Education R/o Behind Hanuman Temple, Sale Galli, Latur ..Petitioner Versus 1.The State Of Maharashtra Through its Secretary, Higher and Technical Education Department, Mantralaya, Mumbai. 2.The Director Of Technical Education State Of Maharashtra Mumbai 3.The Registrar, Swami Ramanand Teerth Marathwada University Vishnupuri Nanded 4. The Principal, M.S.Bidve Engineering College Barshi Road Latur 5.The Member Secretary, Divisional Caste Scrutiny Committee For O.B.C. Latur Division Latur ..Respondents ... Advocates appearing for : Petitioner : Shri Hanmant V. Patil, Respondent 1, 2 & 5 : Shri K.G.Patil, AGP Respondent 3 : Shri Y.V.Kakde and Respondent 4 : Shri S.V.Natu ... CORAM : B.R.GAVAI & R.M.BORDE, JJ. Dated : December 10, 2010 WP/10620/2010 2 ORAL JUDGMENT (Per Gavai, J.) :- 1. Heard learned counsel for the respective parties. 2. Rule. By consent, Rule made returnable forthwith and the petition is taken up for final disposal. 3. Petitioner has approached this Court contending that her caste claim is pending before respondent No.5 Committee and that the result of her examination is not declared by respondents on the ground that she has not filed the validity certificate. 4. We are of the view that due to in-action on the part of respondent No.5 Committee in not deciding the claim of the petitioner, the petitioner should not be penalised. 5. In the result, Rule made absolute in following terms :- (A) Respondent No.5 is directed to decide the claim of the petitioner within six months from today. Petitioner states that the hearing is scheduled on 4.1.2011 and therefore, she undertakes to appear before the Committee on the said date. (B) Respondents 2 to 4 are directed to declare the result of the petitioner and in the event the petitioner is successful in the examination, to admit her to further classes and also to permit her to prosecute her studies. WP/10620/2010 3 (C) It is further made clear that admission of the petitioner shall not be cancelled only on the ground of non-submission of validity certificate till the decision of the claim of petitioner by respondent No.5 Committee and for further period of three weeks from the date of order, in the event an order adverse to the interest of petitioner has been passed. 6. No order as to costs. (R.M.BORDE,J.) (B.R.GAVAI, J.) ... akl