(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 8429 OF 2010 Abhishek s/o. Manohar Bilolikar, Age : 19 years, Occupation : Student, R/o. Shri Sai Niwas (Near Hanuman Temple), Deep Nagar, Purna Road, Nanded, Dist. Nanded. .. Petitioner. versus 1. The State of Maharashtra, Through the Secretary, Department of Higher & Technical Education, Mantralaya, Mumbai-32. 2. Swami Ramanand Teerth Marathwada University, Vishnupuri, Nanded, Through its Registrar. 3. Divisional Caste Certificate Verification Committee-2, Latur Region, Latur, Through the Research Officer & Member Secretary. .. Respondents. ....................... (2) Mr. U.B. Bilolikar, Advocate, for the petitioner. Mr. K.G. Patil, Assistant Government Pleader, for respondent nos.1 and 3. Mr. R.V. Ghuge, Advocate, for respondent no.2. ........................ CORAM : B.R. GAVAI & A.A. SAYED, JJ. DATE : 30TH SEPTEMBER 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 "Goud Kalal", Other Backward Class, is pending before the respondent no.3, and though the petitioner has appeared for first year of Bachelor of Engineering (Information Technology) examination held in May 2010, the result has not been declared and, as such, the petitioner cannot prosecute his further studies. 3. We find that the petitioner cannot be penalized for delay on the part of respondent no.3, in deciding the caste claim (3) 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 "Goud Kalal", Other Backward Class, on its own merits, within a period of six months from today. (ii) The petitioner shall appear before the Scrutiny Committee on 11th October 2010 and, as such, the requirement of formal notice shall stand waived. (iii) The respondent no.2 is directed to declare the result of the petitioner, for first year Bachelor of Engineering (Information Technology) examination held in May 2010, and if the petitioner is declared qualified in the said examination, to admit him for the second year of the said course. (iv) Until the decision of the respondent no.3, 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 (4) Committee, the same shall not be given effect to, for a period of four weeks from the date of the order and the petitioner's admission to the said course shall not be cancelled on the ground of non-submission of caste validity certificate, for a period of four weeks from the date of the order. 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 ......................... bgp/wp8429