1 FARAD CONTINUATION SHEET. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. W.P. NO.541 OF 2009. Ku.Pranali Janardhan Godbole ..vs.. The State of Mah. and others. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, office Memoranda of Coram Court's or Judge's appearances, Court's orders or directions order and Registrar's order. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr.D.A.Sonwane, Adv. for the petitioner. Mr.Jichkar AGP for the State. CORAM: D.D.SINHA and A.P.BHANGALE,JJ. DATE : 5th March, 2009. 1. Heard the learned counsel for the petitioner and the respondents. 2. The writ Petition is directed against the impugned communication dated 9/1/2009 issued by respondent no.4 – College to the father of the petitioner, whereby he is informed that the petitioner (daughter) secured admission in the Engineering College from the reserved category and one of the conditions of admission was to submit the validity certificate at the earliest. By the impugned communication, the father of the petitioner is also 2 informed that if the petitioner failed to submit the validity certificate till this date, her admission would be cancelled. It was also informed that for want of validity certificate, the petitioner has not been sanctioned scholarship and therefore, she is requested to deposit the tuition fee of Rs.38,293/- with the Institution, failing which examination form of the petitioner will not be forwarded to the University. 3. The learned counsel for the petitioner has submitted that the caste claim of the petitioner is pending with the Caste Scrutiny Committee for verification and therefore, though this court vide order dated 4th September, 2007 passed in Writ Petition No.3908 of 2007 has directed the caste Scrutiny Committee to complete the verification proceedings within the period of six months from the date of communication of the said order, till this date the Caste Scrutiny Committee failed to take a final decision in the matter. It is contended that the petitioner is in no way responsible for delay caused in deciding the caste claim of the petitioner by the Caste Scrutiny Committee and therefore, she should not be penalised for the same. It is prayed that the Caste Scrutiny Committee may be directed to decide 3 the caste claim within a stipulated period and direction may also be issued to the College to forward the examination form of the petitioner to the University. The petitioner undertakes to pay the tuition fee in case the caste claim of the petitioner is invalidated. 4. Mr.Jichkar, learned Additional Government Pleader, does not dispute the factual aspect of the matter. However, he states that for want of Vigilance Cell report, the Caste Scrutiny Committee at Nagpur could not complete the verification proceedings and the matter is referred to the Vigilance Cell at Pune with the request to submit the vigilance cell report at the earliest. It is further contended that as soon as the report of the Vigilance Cell is received, the caste Scrutiny Committee at Nagpur shall decide the caste claim of the petitioner by following the procedure applicable in this regard at the earliest. 5. Considered the rival contentions canvassed by the respective counsel. In view of the above referred facts and circumstances, no fault can be found so far as the petitioner is concerned, for the delay caused in deciding the caste claim of the 4 petitioner by the Caste Scrutiny Committee and therefore, we dispose of the petition with the direction to the Caste Scrutiny Committee to decide the caste claim of the petitioner finally, in accordance with the law and procedure applicable in this regard, within a period of three months from the date of communication of this order. Respondent no.4 – College is directed to forward the examination form of B.E.II year (Mechanical) of 4th Semester to the University without insisting upon deposit of the balance tuition fee mentioned in the impugned communication. The petitioner be provisionally permitted to appear in the examination. The permission granted by this court to the petitioner to appear in the examination is provisional and shall not create any equity in favour of the petitioner to claim benefit on the basis thereof, it is subject to result of the decision of the Caste Scrutiny Committee. With these observations and directions, the writ petition is disposed of. Steno copy of this order be furnished to the parties. JUDGE JUDGE. chute 5