(1) wp8151-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8151 OF 2011 Pallavi Pratap Reddy PETITIONER VERSUS The State of Maharashtra & others RESPONDENTS ..... Mr. S.W. Munde, advocate for the Petitioner. Mr. K.M. Suryawanshi, A.G.P. for the Respondent-State. Mr. K.C. Sant, advocate for Respondent No. 2. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 19th DECEMBER, 2011 ORAL ORDER: 1. Rule. Rule made returnable forthwith and heard finally, by consent. 2. By way of present petition, the petitioner has approached this Court apprehending cancellation of her admission to M.B.B.S. Course by the Respondent No. 4 College on account of non-submission of the Caste Validity Certificate. 3. The petitioner has passed the C.E.T. Examination and thus is eligible for admission to M.B.B.S. Course, against a seat reserved for category (2) wp8151-11 of Other Backward Class (O.B.C.). The claim of the petitioner regarding validity of her caste as belonging to O.B.C. is pending before the Respondent No. 3 Committee. The receipts to that effect have been issued by the Respondent-Committee. However, as the Respondent No. 2 University and the Respondent No. 4 College have informed the petitioner to submit her Caste Validity Certificate within a stipulated period, she is apprehending cancellation of her admission to M.B.B.S. Course. 4. It is not in the hands of the petitioner as to within how much period, her claim will be decided by the Respondent-Committee. The petitioner cannot be penalized on account of inaction on behalf of the Respondent-Committee in not deciding the caste claim of the petitioner. 5. In that view of the matter, we are inclined to allow the petition in the following terms :- (a) The Respondent No. 3 Committee is directed to decide the caste claim of the petitioner within a period of six (6) months from today. (3) wp8151-11 (b) The Respondent No. 4 College is directed not to cancel the petitioner's admission to M.B.B.S. Course. The Respondent No. 4 is further directed to forward her proposal to the Respondent No. 2 University for her registration and eligibility, without insisting on submission of the Caste Validity Certificate. The Respondent Nos. 2 and 4 are directed to permit the petitioner to pursue first year M.B.B.S. Course and also to declare her result after her appearance in the Examination. (c) It is made clear that the petitioner shall be permitted to continue her course and appear for further Examinations of M.B.B.S. Course and her results be declared till the decision of the Respondent No. 3 Committee regarding the caste claim of the petitioner. (d) It is further directed that the Respondent No. 1 - Authorities shall accept the petitioner's E- Scholarship Form without insisting for Caste Validity Certificate. However, grant of Scholarship to the petitioner shall be subject to the validity of the (4) wp8151-11 petitioner's caste claim by the Respondent No. 3 Committee. (e) In the event, an order adverse to the interest of the petitioner is passed by the Respondent No. 3 Committee, the same shall not be given effect to for a period of four weeks from the receipt thereof, by the petitioner. 6. Rule is made absolute in the above terms. [M.T. JOSHI, J.] [B.R. GAVAI, J.] npj/wp8151-11