(1) WP 6748.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6748 OF 2011 Sangita Ramnath Gawande PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Mr. P.V. Ambad, Advocate for the Petitioner. Mr. V.D. Rakh, A.G.P. for the Respondent-State. Mr. K.D. Bade Patil, Advocate for the respondent no.3 ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 16TH NOVEMBER, 2011 ORAL ORDER: 1. Rule. Rule made returnable forthwith. The Petition is heard finally, by consent of the parties. 2. The petitioner has approached this Court since the respondent no.3 had not declared the result of the petitioner, who is undergoing the studies for B.Sc. Nursing Course, on the ground of non-submission of the validity certificate. The petitioner claims to be belonging to O.B.C. 3. The petitioner cannot be penalised on the ground of inaction on the part of respondent no.2- (2) WP 6748.2011 Committee. It is not in the hands of the petitioner, as to within how much time the respondent no.2 shall decide the claim of the petitioner. 4. Rule is therefore made absolute in the following terms:- I) The respondent no.2-Committee is directed to decide the caste claim of the petitioner within a period of six (6) months from today. II) Respondent no.3 is directed to permit the petitioner to undergo the studies and permit the petitioner to appear for the examinations and declare her results till the decision of her caste claim by the respondent no.2. III) 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. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/