1 srk wp-541-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 541 OF 2011 Kiran Rambali Pal ... Petitioner Versus The State of Maharashtra and others. ... Respondents Mr. Amit Karande for the petitioner. Mr. Shekhar Ingawale, Assistant Government Pleader for State. Mr. Irfan Shaikh i/by Mr. S.B. Shetye for University. CORAM : MOHIT S. SHAH, C.J. & S.J. VAZIFDAR, J. Friday, March 11, 2011 P .C. Notice for final disposal, returnable forthwith. 2. Mr. Shekhar Ingawale, AGP waives service for respondent-State. Mr. Irfan Shaikh, advocate waives service for University. 3. In this petition under Article 226 of the Constitution of India, the petitioner has prayed for writ of mandamus to direct respondent No.3 - Maharashtra University of Health Sciences to declare the petitioner's results at the examination in the first year of Occupational Therapy and petitioner has also prayed for further direction to allow the petitioner to continue to prosecute her studies in the said course till the Cast Scrutiny Committee communicates the decision to the petitioner. 2 srk wp-541-11.sxw 4. The learned Counsel for the petitioner states that the petitioner had submitted her application as far back as on 28th November, 2006, which was registered as Case No.MS/773 before the Divisional Caste Certificate Validity Committee No.3, Chembur, Mumbai and that the said case is still pending before the said Committee. 5. Thereafter, the petitioner passed her 12th standard examination and on the basis of the said results, the petitioner secured admission to the first year of Bachelor of Occupational Therapy under University of Health Science, Nashik subject to production of the Caste Validity Certificate. 6. The petitioner submits that although the petitioner has extended cooperation, no final decision is taken in the above caste scrutiny case and on that ground alone, the petitioner's results at the first year Bachelor of Occupational Therapy examination is being withheld. The learned counsel further submits that since the classes in the second year of Bachelor of Occupational Therapy have already commenced since 17th February, 2011, the petitioner will suffer irreparable loss if the petitioner is not permitted to prosecute her studies in the second year after declaration of the results in the first year examination, even if the petitioner is ultimately granted the Caste Validity Certificate. 7. In view of the above, the learned counsel for the respondents- authorities state that large number of such cases are pending before the Caste Scrutiny Committee. 8. Having heard the learned counsel for the parties, we are of the view that since the petitioner has already submitted her application for caste 3 srk wp-541-11.sxw validity certificate as far back as on 28th November, 2006 and no final decision is taken in the said case even after passage of four years, the petitioner may not be put to a disadvantage in the matter of prosecution of her studies when she had secured admission to the first year course in Bachelor of Occupational Therapy last year. 9. Hence, subject to the outcome of case No.MS/773 pending before the Divisional Caste Certificate Validity Committee No.3, Chembur, Mumbai, respondent No.3 Maharashtra University of Health Science, Nashik shall declare the petitioner's results at the examination in the first year course in Bachelor of Occupational Therapy within one week from the date of receipt of this order and thereafter, in case, the petitioner is declared to have passed the said examination, permit the petitioner to prosecute her studies subject to the outcome of the said scrutiny case. Petition is allowed in the aforesaid terms. CHIEF JUSTICE S.J. VAZIFDAR, J.