W.P. NO. 10807/2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 10807 OF 2010 Kumari Syeda Lubna Nausheen d/o Syed Abdul Mujeeb age 19 years, occ. student r/o Shahensha Nagar, Near AI Huda Urdu School Beed, Dist. Beed. .. PETITIONER VERSUS 1 The State of Maharashtra Department of Medical Education & Drugs Mantralaya, Mumbai – 32. Though its Secretary. 2 The Scheduled Cast, Vimukta Jatis, Other Backward Class and Special Backward Class Caste Certificate Verification Committee no.1 Maharashtra State Aurangabad Division, Aurangabad Through its Member Secretary. 3 The Director of Medical Education & Research CET Cell, St. George’s Hospital Compound Opp. Govt. Dental College Building Near Chhatrapati Shivaji Terminus (CST) Mumbai 400 001. 4 Maharashtra University of Health Sciences Vani Road, Nashik, Through its Registrar. 5 Government Medical College & Hospital Jubilee Park, Aurangabad. Through its Dean. .. RESPONDENTS W.P. NO. 10807/2010 2 Mr.S.C. Yeremwar, advocate holding for Mr. A.S. Golegaonkar, advocate for the petitioner. Mrs. A.V. Gondhalekar, AGP for the State. Mr. K.D. Bade Patil, advocate for respondent no. 4. ===== CORAM : B.R. GAVAI & R.M. BORDE, JJ. DATE : 2 nd DECEMBER, 2010 ORAL JUDGEMENT : ( PER B.R. GAVAI, J.) 1 Rule. Rule made returnable forthwith. Heard by consent. 2 The limited grievance of the petitioner is that since the petitioner is admitted for M.B.B.S. course against the seat reserved for OBC category, on account of respondent no. 2 – Committee not deciding the issue regarding grant of validity, the petitioner’s admission is likely to be cancelled. 3 We find that on account of respondent no.2 not deciding the claim of the petitioner, the petitioner cannot be penalised. 4 In that view of the matter, rule is made absolute in the following terms :- W.P. NO. 10807/2010 3 i Respondent no. 2 – Committee is directed to decide the claim of the petitioner within a period of one year from today. ii Petitioner to appear before respondent no. 2 – Committee on 20 th December, 2010 and as such, requirement of common notice shall stand waived. iii Admission of the petitioner will not be cancelled by respondent nos. 3, 4 and 5 only on the ground of non-submission of validity certificate by the petitioner. iv In the event, the petitioner appears for any examination, till the decision by the Committee, result of the petitioner’s performance in the said examination would be declared and, if she clear examination, she shall be permitted to admit in the next year. v In the event, order adverse to the interest of the petitioner is passed by respondent no. 2 – Committee, the same shall not be given effect for the period of two weeks from the date of decision of the Committee. ( R. M. BORDE ) ( B. R. GAVAI ) JUDGE JUDGE dyb/office/wp10807.10.odt