WP 7716/11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.7716/2011 Swati Krishnareddi Doppawar V/s The State & others. _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri M.V. Ghatge, Advocate h/f B.N. Gadegaonkar, Advocate for petitioner. Shri K.S. Patil, AGP for respondent nos.1 to 3. Shri K.D. Bade Patil, Advocate for respondent no.4. CORAM: B.R. GAVAI & M.T. JOSHI, JJ. Date: 14.10.2011 Heard learned counsel for the parties. Rule. Rule made returnable forthwith and taken up for final disposal with the consent of learned counsel for the parties. By way of present petition, the petitioner has approached this Court being aggrieved by the return of the examination form of the petitioner by the respondent no.4. The petitioner, who claims to be belonging to Kulekadagi - OBC, has been admitted for First Year BAMS course by the WP 7716/11 2 respondent no.3 - college. The petitioner's caste claim is pending before the respondent no.2 - committee since 2005. The petitioner submitted the examination form for the First Year BAMS course, however, the same is returned on the ground that the petitioner has not submitted her caste validity certificate. The petitioner cannot be penalized on account of inaction on the part of the respondent - committee for not deciding the claim of the petitioner within a stipulated period. In that view of the matter, we are inclined to allow the petition in the following terms. The respondent no.2 - committee is directed to decide the claim of the petitioner as expeditiously as possible and in any case within a period of six months from today. The respondent no.4 shall accept the examination form of the petitioner for the First Year BAMS course and permit her to appear for the said examination and also declare her WP 7716/11 3 result and in the event she succeeds in the First Year BAMS examination, to permit her to prosecute her studies for all further years till her claim is decided by the respondent - committee. It is made clear that the petitioner shall not be required to approach this Court again for direction to the respondents to permit her to submit her examination form, to appear for examination and for declaration of her results till the decision of the respondent no.2 - committee. In the event, the decision of the respondent no.2 - committee goes adverse to the interest of the petitioner, the same shall not be given effect for a period of four weeks from the date of receipt of communication of decision by the petitioner. Rule is made absolute in the aforesaid terms. No order as to costs. (M.T. Joshi, J.) (B.R. Gavai, J.) Dt/- 14.10.2011 ndk/c1410111