1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.641 OF 2010 Chetankumar s/o. Dashrath Patil Age 17 years, Occ. Nil presently student, First Year Engineering College, with the D.N. Patel Engineering College, Shahada Petitioner Versus 1] The State of Maharashtra through its Secretary Department of Social Welfare, Mantralaya, Mumbai. 2] The Director, Directorate of Technical Education, Maharashtra State, Mumbai, 3, Mahapalika Marg Mumbai. 3] The Caste Scrutiny Committee Nashik Division, Nashik through its Dhule Office Kanushri Towers, Badgujar Plot Parola Road, Dhule. 4] D.N. Patel College of Engineering Shahada Dist. Nandurbar. Respondents Mr. Milind Patil, Advocate for the petitioner 2 Mr. N.B. Khandare, Govt. Pleader for respondent Nos. 1 to 3. CORAM : B.R. GAVAI & A.A. SAYED, JJ.. DATE : 28TH OCTOBER, 2010. ORAL JUDGMENT [PER B.R.GAVAI, J.]: 1] Rule. Rule made returnable forthwith. Heard by consent. 2. The limited grievance in the petition is that though the claim of the petitioner, for validity of his claim, of belonging to "Leva Patil", OBC category, is pending before the respondent no.3, the respondent No.4 has cancelled his admission for the first year Engineering Course. 3. We find that the petitioner cannot be penalized for delay on the part of respondent no.3, in deciding the caste claim of the petitioner. In that view of the matter, we are inclined to allow the petition. 4. In the result, the petition is allowed. (i) The respondent no.3 / Committee is directed to consider and decide the caste claim of the petitioner, of belonging to 3 "Leva Patil", Other Backward Class Category , on its own merits, within a period of one year from today. (ii) The petitioner shall appear before the Scrutiny Committee on 20th December, 2010 and, as such, the requirement of formal notice shall stand waived. (iii) Until the decision of the respondent no.2, regarding the validity of the petitioner's caste claim, the petitioner's admission to the said course shall not be cancelled on the ground of non-submission of caste validity certificate. In the event, an order adverse to the interest of the petitioner is passed by the Scrutiny Committee, the same shall not be given effect to, for a period of four weeks from the date of the receipt of the order by the petitioner. 5. Rule is made absolute in the aforesaid terms. However, there shall be no order as to costs. ( A.A. SAYED ) ( B.R. GAVAI ) JUDGE JUDGE ......................... GRT/WP641.10 4