1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 8398 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ The matter has been produced by the petitioner after giving notice to all the respondents. In spite of fresh service, none appears for the respondent no.4. From the documents placed on record, it is noticed that the caste scrutiny committee has issued validity certificate in favour of the petitioner on 21.11.2009. The respondent no.4 canceled the admission of the petitioner on the ground that the petitioner had failed to produce validity certificate. It is noticed that the petitioner had applied to the caste 2 scrutiny committee for issuance of validity certificate, but on account of the inaction of the caste scrutiny committee, the validity certificate was not issued in time, as a result of which, the petitioner had to suffer the order of cancellation of admission issued by the respondent no.4. That order was passed on 19.11.2009. Two days thereafter, the validity certificate has been issued by the caste scrutiny committee. The petitioner can not be blamed for the inaction of the caste scrutiny committee. In the circumstances, in the interest of justice, we have no hesitation in acceding to the relief claimed by the petitioner in directing the respondent no.4 to allow the petitioner to continue the engineering course for academic year 2009-10 in IT branch, subject to other compliances. The impugned communication issued by the respondent no. 4 dated 19.11.2009 is set aside for the aforesaid reasons to the extent of the petitioner before us as the validity certificate has already been issued by the caste 3 scrutiny committee in his favour. Petition disposed of on the above terms. (S.S. SHINDE, J) (A.M. KHANWILKAR,J) Dt/- 04.02.2010 ndk/c42102