1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 5509 OF 2009 Rohan s/o Kailas Rothe, Age : 18 years, Occu. Student, R/o Yamuna Niwas, Kailas Nagar, Nanded, Dist. Nanded ..PETITIONER VERSUS 1. The State of Maharashtra Through the Secretary Higher and Technical Education, Mantralaya, Mumbai 2. The Secretary, Divisional Caste Certificate Scrutiny Committee No.1, Aurangabad Division, Aurangabad 3. Swami Ramanand Teerth Marathwada University, Nanded through Registrar 4. Mahatma Gandhi Mission College of Engineering Through its Principal, Near Air Port, Nanded, Dist. Nanded ..RESPONDENTS Mr Ravindra Nirmal, Advocate holding for Mr S.J. Salunke for the petitioner; Mr N.N. Jadhav, A.G.P. for respondent no.1; Mr B.L. Sagar, Advocate for respondent no.2; Mr V.D. Salunke, Advocate for respondent no.4; 2 Respondent no.3 served. CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 31st August 2009 ORAL JUDGMENT [ PER P.V.HARDAS , J ] 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties these petitions are heard finally at the stage of admission. 2. By this petition the petitioner prays for issuance of a writ of mandamus directing respondents no.3 and 4 to declare the result of the petitioner of first year Mechanical Engineering course and also prays for directing respondents no.3 and 4 to give admission to the petitioner to the second year Mechanical Engineering course in respondent no.4 college. 3. Notice of this petition came to be issued to the respondents and none appears on behalf of respondent no.3 though served. 4. According to the petitioner his claim is pending consideration before the respondent - Scrutiny Committee and in the light of that, therefore, the respondents could not have withheld the result as the petitioner could not be faulted for the 3 delay which has arisen for the disposal of his caste claim. We see considerable merit in the submission advanced before us and we allow this petition and direct the respondents to declare the result of the petitioner forthwith and if the petitioner is otherwise eligible, to consider him for grant of admission to the second year Mechanical Engineering course in the respondent no.4 college. In order to assist the Scrutiny Committee in the expeditious disposal of his tribe claim, we direct the petitioner to appear before the respondent - Scrutiny Committee on 15th September, 2009 and further direct the Committee to decide the tribe claim of the petitioner within two months from 15th September, 2009. 5. Rule is made absolute on the above terms with no order as to costs. 6. Copy duly authenticated by the Sheristedar of this Court be provided to the parties to act upon. ( A.V.POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp5509.09 4