1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 8864 OF 2010 Dhobi Shaikh Shoeb s/o. Shaikh Saleem, Age 19 yrs., Occu. Student, R/o. At present, Near Shahi Masjid, Ayesha Cottage, Parbhani. R/o. Bagwan galli, Near old water tank, Nandurbar, Dist. Nandurbar. ....Petitioner. Versus 1. The State of Maharashtra, Through Secretary Technical Education, Mantralaya Mumbai. 2. Member/Secretary, Divisional Caste Certificate Scrutiny Committee No. 2, Latur. 3. The Vice-Chancellor, Swami Ramanandand Tirth Marathwada University, Nanded. 4. The Principal, Dir. V.K. Patil Engineering College, Hatta, Taluka Basmat, Dist. Hingoli. ....Respondents. Mrs. A.N. Ansari, Advocate for petitioner. Mr. K.M. Suryawanshi, A.G.P. for respondent Nos.1 and 2. CORAM : B.R. GAVAI AND A.A.SAYED, JJ. DATED : 21st October, 2010. ORAL JUDGMENT : [ PER B. R. GAVAI, J.] 1. Rule. Rule made returnable forthwith. Heard by consent. 2. The petitioner has approached this Court with a grievance that though the claim of the petitioner is forwarded by the College to the 2 respondent No. 2 - Committee, the same is not yet decided and on account of non submission of validity certificate, the petitioner's result is not declared. 3. We see no reason, as to why the petitioner should be penalized for inaction at the hand of respondent No. 2 - Committee. Rule is, therefore, made absolute in the following terms. (1) The respondent No. 2 - Committee shall decide the claim of the petitioner within a period of six months from today. (2) The petitioner to appear before the respondent No. 2 - Committee on 22nd of November 2010 and as such requirement of formal notice stand waived. (3) The petitioner's result of his appearance in first year engineering course shall be declared and if the petitioner is successful, he shall be given admission to further course. (4) The petitioner's admission would not be cancelled, on the ground that the petitioner has not submitted his validity certificate, till the decision by the respondent No. 2 and in the event, the decision is adverse to the interest of the petitioner, the respondents shall not take any action against the petitioner for further period of four weeks from the date of receipt of communication by the petitioner. (5) In case, there is delay in submitting the application form for 3 appearance in the examination, the University would consider to permit the petitioner to appear for the examination by accepting late fees. [ A. A. SAYED ] [ B. R. GAVAI ] Judge Judge ssc/wp8864.10