-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 7259 of 2009 Afreen Salim Shaikh. ..Petitioner. Versus The State of Maharashtra & Others. ..Respondents. Mr. R. K. Mendadkar for the Petitioner. Mr. S. R. Nargolkar, AGP for the Respondent – State. Coram : S. B. Mhase & R. M. Savant, JJ. Date : August 25, 2009. P. C. : 1. Heard. Petitioner claims a social status of “Kasai” which is recognised as Other Backward Class. The caste certificate has been granted in favour of the Petitioner on 17th April 2006. On 11th July 2006 the Petitioner has applied for validation of the said caste certificate. Pending the validation, the Petitioner has been admitted to Bachelor of Unani Medicine and Science (BUMS) course. It is 4½ yeas course. The Petitioner has completed two years. However, his result of the second year has been withheld by the respondent since -: 2 :- the validation certificate has not been produced. However, we find that for non production of the the caste validation certificate, the petitioner is not at fault. It is the Scrutiny Committee which should have disposed of the matter. It is pending before the Scrutiny Committee since July 2006. Therefore, we direct the Respondent No. 2 – Divisional Caste Certificate Scrutiny Committee No.3 Mumbai to decide the social status claim of the Petitioner within a period of eight weeks from dae. 2. It appears that the vigilance cell enquiry is pending. Therefore, we direct that the vigilance cell enquiry shall be completed within a period of three weeks from the date of receipt of a copy of this order. The Scrutiny Committee shall accordingly direct the vigilance cell. In case the vigilance cell report is found to be adverse to the Petitioner, a copy of the said report shall be furnished to the Petitioner and he shall be given an opportunity to meet out the said report. After making the compliance as stated above and giving an opportunity of leading evidence or additional evidence, the matter shall be disposed of within a period of eight weeks. 3. So far as the caste validation certificate is concerned, since the Petitioner is not at fault, we direct the Respondent Nos. 3 & 4 to -: 3 :- declare the result of the Petitioner for the second year of the BUMS course. 4. However, the Petitioner shall give an undertaking to the Respondent Nos. 4 & 5 that in case his social status claim is invalidated by the Scrutiny Committee the benefits which he has availed on the basis of the caste certificate will be surrendered and degree, if any, will be surrendered. 5. With these directions, the above petition is disposed of. (R.M.SAVANT, J.) (S.B.MHASE, J.)