1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.8674 OF 2009 Nitish s/o Subhash Amane, Age 19 years, Occu.Education, R/o Anjali Residency, Flat No.4, Khadkeshwar, Aurangabad .. PETITIONER VERSUS 1. The State of Maharshtra, Through its Secretary, Department of Technical Education, Mantralaya, Mumbai 32 2. The Divisional Caste Scrutiny Committee No.1, Aurangabad 3. The Director of Technical Education, Maharashtra State, 3, Mahapalika Marg, Post Box No.1967, Mumbai 01 4. The Principal, Amrutwahini Engineering College, Sangamner, Taluka Sangamner, District Ahmednagar ..RESPONDENTS Mr.P.S.Agrawal, Advocate for petitioner Mr.S.K.Tambe, Assistant Govt.Pleader for respondents 1 and 3 Respondent No.2 served Mr.R.L.Kute holding for Mr.V.R.Dhorde, Advocate for respndt. No.4 CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 28th April, 2010 ORAL JUDGMENT (PER S.V.GANGAPURWALA, J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is taken up for final hearing at the stage of admission. 2 2. The petitioner vide present writ petition seeks direction for quashing the order dated 15.11.2009 passed by the respondent No.4 College, so also seeks further directions to respondents 3 and 4 to continue the admission of the petitioner in First Year Engineering (Production) Course in respondent No.4-College. 3. The caste certificate of the petitioner was forwarded to the respondent No.2 – Committee for its scrutiny on 16.11.2006. The Scrutiny Committee has not yet decided the said caste validity proceedings and the same are still pending. In the meantime, the respondent No.4 – College has cancelled the admission of the petitioner vide its order dated 15.11.2009. 4. Undisputedly, the proceedings regarding validation of the caste certificate of the petitioner are still pending. The petitioner cannot be faulted for the same. In view of the fact that the proceedings for validation of the caste claim are pending, it was inappropriate on the part of respondent No.4 – College to cancel the admission of the petitioner. 5. In the light of the fact that the proceedings for validation of caste certificate are still pending with the respondent – scrutiny committee, we direct the respondent – scrutiny committee to decide the said proceedings within a period of four months from 3 10th May 2010 on which date the petitioner shall appear before the Scrutiny Committee. 6. We also set aside the order dated 15.11.2009 passed by the respondent No.4 – College cancelling the admission of the petitioner. No adverse action be taken against the petitioner solely on the ground that the proceedings for validation of caste claim are still pending. 7. Rule made absolute on above terms with no orders as to costs. ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/8674.09wp)