- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5201/2009 Mohammed Haroon Ansari s/o Mohammed Masoododdin Ansari, age 19 yrs., occu.student r/o Hyder Bagh, No.9-7-18, Nanded. ...Petitioner.. Versus 1. The State of Maharashtra, through Secretary, Education Department, Mantralaya, Mumbai-400 032. 2. The Divisional Caste Certificate Scrutiny Committee No.2, Latur. 3. The Principal, Mahatma Gandhi Mission College of Engineering, Near Air Port, Hingoli Road, Nanded. ...Respondents... ..... Mrs.A.N. Ansari, Advocate for petitioner. Shri V.B. Ghatge, AGP for respondent no.1. Shri B.L. Sagar Killarikar, Advocate for respondent no.2. Shri V.D. Salunke, Advocate for respondent no.3. ..... CORAM: P.V. HARDAS & A.V. POTDAR, JJ. DATE: 10.08.2009 PER COURT: - 2 - 1] Heard learned counsel for the parties. 2] At the outset, Mrs.Ansari, learned counsel for the petitioner, prays for leave to amend the petition for incorporating a prayer for issuance of a writ directing the respondent – scrutiny committee to decide the caste claim of the petitioner within a stipulated period. Leave granted. Amendment to be carried out forthwith. 3] By this petition under Article 226 of the Constitution of India, the petitioner has prayed for directing the respondent no.2 to issue validity certificate in favour of the petitioner on the ground that the relatives of the petitioner have been issued with the validity certificates. Since the claim of the petitioner is pending consideration before the scrutiny committee, we are not inclined to grant the aforesaid relief. This petition, therefore, would stand dismissed as against prayer clause (B) to the petition. 4] By virtue of prayer clause (C) to the petition, the petitioner has prayed for issuance of a writ directing the respondent no.3 to declare the result of the petitioner for the First Year Engineering course conducted in March / April 2009 and also prays for permitting the petitioner to seek admission in the Second Year Engineering course if the petitioner is eligible. By virtue of the amended prayer clause (C-1), the petitioner has prayed for issuance of a writ directing the respondent - committee to decide the caste claim of the petitioner within a stipulated period. 5] In the light of the limited relief, which the petitioner has sought for in this petition, we deem it appropriate to decide this petition finally at the stage of admission. Accordingly, we issue Rule making the same returnable - 3 - forthwith with the consent of learned counsel for the parties. 6] Since the claim of the petitioner is pending consideration, we direct the petitioner to appear before the respondent no.2 – scrutiny committee on 18.8.2009 and further direct the scrutiny committee to decide the caste claim of the petitioner within four months from 18.8.2009, if not already decided; and communicate the decision to the petitioner. 7] Since the claim of the petitioner is pending consideration before the respondent no.2 – committee and since the petitioner had been granted admission to First Year Engineering course, we see no impediment in directing the respondent nos.1 & 3 to declare the result of the petitioner for the First Year Engineering course examination held in March / April, 2009. If the petitioner is successful and is eligible, the petitioner may be permitted to seek admission in the Second Year Engineering course pending the decision of the caste claim of the petitioner. 8] In the result, this petition succeeds and Rule is made absolute on the above terms with no order as to costs. (A.V. Potdar, J.) (P.V. Hardas, J.) ndk/c1080911