1 wp9059-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9059 OF 2010 Ekta Naresh Bodalia ....Petitioner V/s. State of Maharashtra & Ors ....Respondents Mr.V.S. Deokar with Mr.R.S. Jadhav and Ms.Ujwala S. Waychal for the Petitioner. Mr.R.P. Behere, Additional G.P. for Respondent Nos.1 and 2. Mr.S.B. Shetye for Respondent No.3. Ms.Smita Gaidhani for Respondent No.4. CORAM : MOHIT S. SHAH, C.J. AND S.J. VAZIFDAR, J. MONDAY 28TH FEBRUARY 2011. P.C. :- 1. What is challenged in this petition under Article 226 of the Constitution of India is the communication dated 19.7.2010 of the Maharashtra University of Health Sciences, M.G.M. Dental College and Hospital, New Mumbai, treating the petitioner as ineligible for the admission to the Dental College to the reserved quota for Scheduled Castes (SC) on the ground that the petitioner had obtained less than 50% marks at the qualifying examination. The petitioner’s contention is that the petitioner had obtained sufficient marks for being eligible to the above course on the seat reserved for Scheduled Caste and that the 2 wp9059-10 petitioner has necessary documents to show that the petitioner belongs to Scheduled Caste. It is submitted that the petitioner’s forefathers were staying at Navsari and the documents show that the caste certificate issued by the authority at Navsari certifies that the petitioner’s father belongs to Scheduled Caste. It is submitted that the petitioner’s father had thereafter migrated to Maharashtra and the petitioner’s father and other family members are residents of Maharashtra for last more than 75 years. It is, therefore, submitted that the Caste Scrutiny Committee has erred in issuing the impugned communication dated 11.2.2010 (Exhibit “D”) calling upon the petitioner to show cause why the petitioner’s file should not be closed, as the petitioner is not ordinary resident of State of Maharashtra and therefore the Caste Scrutiny Committee cannot examine the petitioner’s claim that the petitioner is belonging to Scheduled Caste. 2. The learned counsel for the respondents states that the Caste Scrutiny Committees has not taken any decision in the matter and as a matter of fact, called upon the petitioner to appear before it. It is even stated that the petitioner should appear before the committee on the appointed date along with other relevant documents in respect of his claim. 3. Having heard the learned counsel for the parties, we find considerable substance in the submissions made by the petitioner that when the Maharashtra University of Health Sciences has taken a view that since the petitioner has got less than 50% marks at the qualifying examination, the petitioner shall not be eligible for the admission to the first year of Dental course, it is necessary for the petitioner to show that since the petitioner had obtained more than 40% marks at the qualifying 3 wp9059-10 examination, the petitioner was eligible to the first year Dental course on the strength that the petitioner was belonging to a Scheduled Caste. It is therefore, necessary for the petitioner to pursue her claim that she belongs to a Scheduled Caste, and ought to be examined by the Caste Scrutiny Committee. 4. In view of the above, we dispose of this writ petition with a direction that the Regional Caste Scrutiny Committee – Respondent No. 2 shall examine the petitioner’s claim that the petitioner belongs to Scheduled Caste on merits on the basis that the petitioner should produce before the Caste Scrutiny Committee the relevant documents and the Caste Scrutiny Committee shall not decline its jurisdiction on the ground that the petitioner is not resident of the State of Maharashtra. Respondent No.2 – Regional Caste Scrutiny Committee shall decide the matter as expeditiously as possible and in any case within three months from the date of this order. We however, direct that in view of time granted for three months, the petitioner shall be permitted to pursue her studies in the Dental course including appearing for examination for the first year Dental Course. The respondents shall accordingly grant all necessary permission for the petitioner to appear for the examination. The same shall be subject to the result of the finding of the Caste Scrutiny Committee. 5. The writ petition stands disposed of. CHIEF JUSTICE S.J. VAZIFDAR, J.