(1) WP 7552.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7552 OF 2011 Uzma Tabassum Ghulam Mohammad PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Mr. M.V. Ghatge, Advocate h/f. Mr. B.N. Gadegaonkar, Advocate for the Petitioner. Mrs. A.V. Gondhalekar, A.G.P. for the Respondent-State. Mr. K.D. Bade Patil, Advocate for the respondent no.4 ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 29TH SEPTEMBER, 2011 ORAL ORDER: 1. Rule. Rule made returnable forthwith. Heard finally, by consent of the parties. 2. By way of present Petition, the petitioner has approached this Court, since the respondent no.4 has returned the form of the petitioner, to the respondent no.3 on account of non-submission of the validity certificate. The petitioner has been admitted for B.A.M.S. course in the respondent no.3 College in the academic year 2010-2011 against a seat reserved for O.B.C. The claim of the petitioner (2) WP 7552.11 regarding validity of his caste as belonging to O.B.C, is pending before the respondent no.2- Committee. The certificate to that effect is already issued on 10.01.2011 by the respondent no.2. 3. The petitioner cannot be penalised on account of inaction on behalf of the respondent no.2 in not deciding the claim of the petitioner. 4. In that view of the matter, we are inclined to allow the Petition in the following terms:- (I) The respondent no.2-Committee is directed to decide the claim of the petitioner within a period of six (6) months from today. (II) The respondent no.4 is directed to accept the form of the petitioner, without insisting on the caste validity certificate and permit the petitioner to pursue first year B.A.M.S. course and also to declare her result after her appearance in the examination. (III) It is further made clear that the petitioner shall be permitted to continue her course and appear (3) WP 7552.11 for examination and her results be declared till the decision of the respondent no.2-Committee, regarding the claim of the petitioner. (IV) In the event, an order adverse to the interest of the petitioner is passed, the same shall not be given effect to for a period of four (4) weeks from the receipt thereof, by the petitioner. 5. Rule is made absolute in the above terms. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/