1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4739 OF 2009 Tahreen Fatema D/o Imran Qureshi, Age : 20 years, Occu. Student, R/o Sillk Mills Compound, Paithan Road, Aurangabad, Dist. Aurangabad ..PETITIONER VERSUS 1. Government College of Engineering, Osmanpura, Station Road, Aurangabad Through its Principal 2. Divisional Caste Scrutiny Committee, Aurangabad Division No.1, Aurangabad ..RESPONDENTS Mr Sk. Ashpak Taher Patel, Advocate for petitioner; Mr K.B. Choudhary, AGP for respondent no.1; Mr B.L. Sagar Killarikar, Advocate for respondent no. 2. CORAM: P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 22nd JULY, 2009 ORAL JUDGMENT: [PER P.V. HARDAS, J.] 2 Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. This writ petition under Article 226 of the Constitution of India filed by the petitioner prays for issuance of a writ of mandamus directing respondent no.1 to allow the petitioner to be admitted in second year of Civil Engineering and also prays for directing respondent no.2 to decide the caste validity claim of the petitioner which is pending since July, 2008. 3. We have heard the learned Counsel for the petitioner; learned A.G.P. Shri K.B. Choudhary, who accepts notice on behalf of respondent no.1 and Shri B.L. Sagar, learned Counsel on behalf of respondent no.2. 4. Undisputedly, the claim of the petitioner is pending verification before respondent no.2 Scrutiny Committee since July, 2008. It is also apparent to us that the inquiry has already been conducted by the vigilance cell. The petitioner at this stage, according to us, cannot be held responsible for the delay which has occasioned in the decision of her caste claim. In the light of that, therefore, we are inclined to allow this petition and are inclined to direct respondent no.1 to permit the petitioner to be admitted to second year Engineering Course, provided the petitioner is eligible in all respect and also to direct respondent no.2 Scrutiny Committee to decide 3 the caste claim of the petitioner within three months from today. In order to assist the respondent Scrutiny Committee for expeditious disposal of the caste claim of the petitioner, we direct the petitioner to appear before the respondent no.2 Scrutiny Committee on 6th August, 2009 and the Committee to decide the claim of the petitioner within three months thereafter. 5. This writ petition accordingly succeeds and Rule is made absolute on the above terms with no order as to costs. 6. Copy of this judgment duly authenticated by the Sheristedar of this Court be provided to the petitioner to act upon. [ A.V. POTDAR, J ] [ P.V. HARDAS, J ] amj/wp4739.09 4