1 Lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2611 OF 2010 Nitin Vishnu Kusalkar : Petitioner versus State of Maharashtra & ors. : Respondents. Mr. Amol Atul Gatne for the Petitioner. Mrs. J S Pawar, Addl.GP, for the Respondents/State. CORAM : A M KHANWILKAR & R M SAVANT, JJ DATED : 1st April 2010 P.C. 1. The limited grievance that needs to be addressed in this Petition is that the Scrutiny Committee has not decided the Petitioner’s caste claim submitted as back as on 8th December 2008. As a result thereof, the admission of the Petitioner has been discontinued in respect of Electronics and Telecommunications Engineering by Respondent No.3-College. 2. In the circumstances, we direct the Scrutiny Committee to decide the caste claim of the Petitioner as expeditiously as possible and in any case not later than four weeks from today. The Petitioner shall appear in the office of the Caste Scrutiny 2 Committee on 8th April 2010 at 11.00 a.m. on which date the Scrutiny Committee may proceed with the hearing or assign other suitable date as may be convenient to it while ensuring that the final decision will be rendered not later than four weeks from today and is communicated to the Petitioner within such time. 3. All questions in the said proceedings will have to be decided on its own merits and in accordance with law. 4. Since the Respondent No.3-College has removed the Petitioner from the Computer Engineering Course on the ground that the Petitioner has failed to produce his caste validity certificate within time and that delay is attributable to the Caste Scrutiny Committee, we direct the Respondent No.3 to allow the Petitioner to continue the Course of Computer Engineering in its college and also permit him to appear for the ensuing examination, but the result of the examination shall not be declared till issuance of the validity certificate by the Caste Scrutiny Committee. 3 5. It is made clear that in the event, the caste claim of the Petitioner is negatived by the Caste Scrutiny Committee, the Petitioner cannot be permitted to invoke equity for having continued the course under the order of the Court. In other words, if the caste claim of the Petitioner was to be rejected, even if the Petitioner has appeared for the examination, that will be of no avail to the Petitioner. 6. The learned Additional Government Pleader assures to communicate the decision of this Court to the concerned authorities including the Respondent No.3-College forthwith. 7. The Petition is disposed of on the above terms. 8. All concerned parties to act upon ordinary copy of this order duly authenticated by the Court Sheristedar. (R M SAVANT, J.) (A M KHANWILKAR, J)