1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 6035 / 2010 (Ku. Neha d/o Lakhanlal Tamrakar vs. State of Maharashtra and 4 others ) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... CORAM : D.D.SINHA & A.P.BHANGALE, JJ. DATED : 10th March, 2011. Heard Mr. N.B. Bargat, learned counsel for the petitioner; Mr. S.J.Jichkar, learned Assistant Government Pleader for respondents 1,2 and 5 ; Mr. A P Kalmegh, for respondent no.3 and Mr B.G. Kulkarni, learned counsel for respondent no.4. Learned counsel for the petitioner states that the following facts are not in dispute; that the petitioner had secured admission in first B.E.(Electronics) course from OBC category for the academic session 2008-09. The caste claim of the petitioner was referred to the Scrutiny Committee which has invalidated the same vide order dated 6.1.2010 and the Writ Petition bearing No. 328/2010 filed by the petitioner challenging the validity of the said order, also came to be dismissed by this Court vide order dated 28.6.2010. It is further submitted that the petitioner filed 2 another petition being Writ Petition No.3698/2010 challenging the order dated 16.7.2010 whereby the admission of the petitioner came to be cancelled on the ground that her caste certificate was invalidated by the Scrutiny Committee. The said Writ Petition came to be disposed of vide order dated 9th September, 2010 and in paragraph 3 of the said order, this Court has observed thus: “3. Mr A.D. Thakare, learned Advocate for respondent no.3-College submits that the respondent no.3-College will consider the claim of the petitioner for admission on merits provided the Director of Technical Education has no objection, Mr. S.J.Jichkar, learned Assistant Government Pleader for respondent no.2- Director of Technical Education says that in accordance with the judgment of this Court the Director of Technical Education is willing to have the petitioner's claim considered on merits and not as a candidate belonging to a Reserved category.” Learned counsel for the petitioner has submitted that pursuant to the said order, the Director of Technical Education has considered the grievance of the 3 petitioner and recommended that the admission of the petitioner should be regularized from G-Open-H category; instead of G-OBC-H. Similarly, the Pravesh Niyantran Samiti vide order dated 26th October, 2010 in its meeting held on 11th October 2010 decided to approve the admission of the petitioner in Electronics course in G-OPEN-H quota instead of G-OBC-H for academic year 2008-09. Learned counsel for the petitioner in view of the above above-referred undisputed facts has submitted that direction be given to the respondent-College and University to declare the result of the petitioner of 4th semester examination which was held some time in Summer 2010 and permit the petitioner to apply for 5th semester from the ensuing academic year 2011-12. Mr. Kulkarni, learned counsel for the University; Mr Kalmegh learned counsel for the College and Mr Jichkar, learned AGP for the respondent-State have not disputed the above facts. Having considered the undisputed facts, it is evident that though the petitioner initially had taken admission from reserved category, however after the caste certificate of the petitioner came to be invalidated, the admission of the petitioner was regularized by the Director of Technical Education as well as Pravesh 4 Niyantran Samiti in Open category and, therefore, the admission of the petitioner now is regularized in the open category. Hence, we are disposing of the petition with with a direction to the University to declare the result of the petitioner of the 4th semester. If the petitioner is successful, it will be open for the petitioner to apply for admission to fifth semester in ensuing academic session JUDGE JUDGE sahare