1 wp4132.09.odt FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No.4132/2009 (Rupal Rushiya ..V/s.. Divisional Caste Certificate Scrutiny Committee, Nagpur Division, Nagpur +2) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.V. Shiralkar, counsel for petitioner. Mr.C.N. Adgokar, A.G.P. for respondent No.1. Mr. J. B. Kasat, counsel for respondent no.3. CORAM : D.D. SINHA & F.M. REIS J. DATE : 10 th NOVEMBER , 2009 . Heard Mr. Shiralkar learned counsel for petitioner, Mr. Adgokar learned A.G.P. for respondent no.1 and Mr. Kasat learned counsel for respondent no.3. Learned counsel for petitioner states that petitioner belongs to ‘Rangari’ caste which comes under ‘Other Backward Category. It is submitted that the petitioner was studying in 12th standard in the year 2007 in Bhalerao High School and Science College, Saoner and he has submitted her caste certificate as well as other documents to the Divisional Caste Scrutiny Committee, Nagpur for verification of her caste claim. It is further submitted that petitioner applied for admission to the first year B.E. Course for academic session 2009-2010 from the O.B.C. Category and was given admission from the said category. It is submitted that at the 2 wp4132.09.odt time of admission the petitioner was required to give undertaking that she would submit validity certificate within a stipulated period from the date of grant of admission. Petitioner requested the Caste Scrutiny Committee to decide her caste claim on various occasions however, the committee failed to decide the caste claim finally and therefore, petitioner could not submit the validity certificate and for want submission of validity certificate petitioner is apprehending cancellation of her admission on this count and therefore, approached this Court for necessary protection of her admission as well as direction to the Caste Scrutiny Committee to decide the caste claim of the petitioner according to law and procedure within a stipulated period. The learned counsel for the Caste Scrutiny Committee has submitted that caste claim of the petitioner is pending for verification. We have considered the contentions canvassed by the respective counsel. In view of the above referred facts, it appears that the caste claim of the petitioner is pending for verification for number of years. In fact, the committee ought to have completed the verification of the caste claim which is pending with committee since 2007. Be that as it may, we dispose of the writ petition with direction to Caste Scrutiny Committee to complete the verification of the caste claim of petitioner in accordance with law and procedure applicable in this regard within a period of three months from the date of this order. 3 wp4132.09.odt Petitioner shall appear before the Caste Scrutiny Committee on 25th of November 2009 at 11 a.m. In the meantime, the admission of the petition shall not be disturbed. JUDGE JUDGE Tambaskar.