1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.1883 OF 2011 (Taj Rahim s/o S. Khan vs. The Caste Certificate Scrutiny Committee and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : APRIL 21, 2011 Heard Shri Sudame, learned Counsel for the petitioner, Shri Rode, learned Assistant Government Pleader for the respondent no.1, and Shri Kulkarni, learned Counsel for the respondent no.2. Shri Sudame, learned Counsel for the petitioner, states that the petitioner is a student of Bachelor of Architecture course and admitted to the said degree course from “Other Backward Class” category (Chapparbhand). It is submitted that after admission, the petitioner submitted caste certificate along with documents in support thereof to the 2 respondent College, however, till this date, the respondent College has not forwarded the same to the Caste Scrutiny Committee for verification. The petitioner was pursuing the said course and appeared for the third semester examination held in Winter 2010. However, result of the said examination has not yet been declared by the respondent University for want of caste validity certificate. It is further submitted that since caste claim of the petitioner was not referred by the respondent College to the Caste Scrutiny Committee, the Caste Scrutiny Committee could not verify the caste claim of the petitioner and in absence thereof, it is impossible for the petitioner to submit the caste validity certificate. It is, therefore, prayed that direction may be issued to the respondent College to forward the caste claim of the petitioner to the respondent Caste Scrutiny Committee for verification and in the interest of petitioner/student, direction may be issued to the respondent University to declare the result of the third semester examination of the petitioner and to the respondent no.3 College to accept the form of the petitioner for 3 the fourth semester examination, if petitioner is otherwise eligible and qualified, with late fee/special late fee, etc. and ask the respondent College to forward the same to the respondent University. It is also prayed that the respondent University may also be directed to accept the examination form of the petitioner, if forwarded by the respondent College and if petitioner is otherwise eligible and qualified to appear for the examination, which has already commenced from 19/4/2011, permit the petitioner to appear in the remaining subjects of the said examination with effect from 27/4/2011. Shri Kulkarni, learned Counsel for the respondent no.2 University, states that result of the third semester examination of the petitioner will be declared provisionally, which may be made subject to decision of the Caste Scrutiny Committee. It is submitted that if the respondent College forwards form of the petitioner for the fourth semester examination, which is already commenced and if the petitioner is otherwise eligible and qualified, examination form of the petitioner be accepted in 4 accordance with law and procedure applicable in this regard. It is brought to the notice of this Court by Shri Sudame, learned Counsel for the petitioner, that respondent no.3 College has already been served with the notice of the petition. However, none appears for the respondent no.3 College. In the backdrop of the above referred facts, it appears that the petitioner was admitted to the B.Arch. course from Other Backward Class category. The petitioner submitted caste certificate along with documents to the respondent College. However, the caste claim of the petitioner was not forwarded by the respondent College to the Caste Scrutiny Committee though the petitioner was permitted to pursue the education. The result of the third semester examination of the petitioner was not declared for want of caste validity certificate which, in our view, at this stage is beyond the capacity of the petitioner to produce and, therefore, in the interest of justice, we pass the following order : 5 The respondent University is directed to declare result of the third semester examination of the petitioner provisionally and this declaration of result shall not create any equity in favour of the petitioner. The respondent College is directed to accept the form of the petitioner for the fourth semester examination, which has already commenced, if the petitioner is otherwise eligible and qualified, with late fee/special late fee, etc. and forward the same to the respondent University forthwith, which is directed to accept if the petitioner is otherwise qualified and eligible and permit the petitioner to appear in the remaining subjects, examination of which is scheduled from 27/4/2011 onwards. It is made clear that permission to appear in the current examination granted by this Court is also provisional and shall not create any equity in favour of the petitioner and shall be subject to result of the decision of the Caste Scrutiny Committee. The respondent College is directed to forward the caste claim of the petitioner to the respondent Caste Scrutiny Committee, if not forwarded earlier, within a period of one week from 6 the date of communication of this order. The respondent Caste Scrutiny Committee is directed to complete the verification proceedings in accordance with law and procedure applicable in this regard within a period of six months from the date of receipt of the caste claim of the petitioner from the respondent College. With the above observations and directions, the petition is disposed of. Copy of this order, duly authenticated by the Court Sheristedar, be given to the learned Counsel for the parties. JUDGE JUDGE khj