1 Lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2604 OF 2010 Ganesh Chimaji Pawar : Petitioner versus State of Maharashtra & ors. : Respondents. WITH WRIT PETITION NO.2612 OF 2010 Vikram Ningappa Bansode : Petitioner. Versus State of Maharashtra & ors. : Respondents. Mr. Amol Atul Gatne for the Petitioners. Mrs. J S Pawar, Addl.GP, for the Respondents/State. CORAM : A M KHANWILKAR & R M SAVANT, JJ DATED : 1st April 2010 P.C. 1. The limited grievance that needs to be addressed in these Petitions is that the Scrutiny Committee has not decided the Petitioners’ caste claims submitted as back as on 29th June 2009. As a result thereof, the admission of the Petitioners has been discontinued in respect of Computer Engineering Course by Respondent No.3-College. 2 2. In the circumstances, we direct the Scrutiny Committee to decide the caste claims of the Petitioners as expeditiously as possible and in any case not later than four weeks from today. The Petitioners shall appear in the office of the Caste Scrutiny Committee on 8th April 2010 at 11.00 a.m. on which date the Scrutiny Committee may proceed with the hearing or assign other suitable date as may be convenient to it while ensuring that the final decision will be rendered not later than four weeks from today and is communicated to the Petitioners within such time. 3. All questions in the said proceedings will have to be decided on its own merits and in accordance with law. 4. Since the Respondent No.3-College has removed the Petitioners from the Computer Engineering Course on the ground that the Petitioners have failed to produce their caste validity certificate within time and that delay is attributable to the Caste Scrutiny Committee, we direct the Respondent No.3 to allow the 3 Petitioners to continue the Course of Computer Engineering in its college and also permit them to appear for the ensuing examination, but the result of the examination shall not be declared till issuance of the validity certificates by the Caste Scrutiny Committee. 5. It is made clear that in the event, the caste claims of the Petitioners are negatived by the Caste Scrutiny Committee, the Petitioners cannot be permitted to invoke equity for having continued the course under the order of the Court. In other words, if the caste claims of the Petitioners were to be rejected, even if the Petitioners have appeared for the examination, that will be of no avail to the Petitioners. 6. The learned Additional Government Pleader assures to communicate the decision of this Court to the concerned authorities including the Respondent No.3-College forthwith. 4 7. These Petitions are disposed of on the above terms. 8. All concerned parties to act upon ordinary copy of this order duly authenticated by the Court Sheristedar. (R M SAVANT, J.) (A M KHANWILKAR, J)