1712wp4396.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.4396 of 2009 (Ku. Bhagyashree M. Gujjanwar .vs. The Director of Technical Edu. and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha and F. M. Reis, JJ. Date : 17/12/2009. Heard Mr. M. R. Joharapurkar, Adv. for petitioner, Mr.O.D.Kakde, Assistant Government Pleader for respondent nos. 1 and 3, Mr.J.B.Kasat, Adv. for respondent no.2, Mr.B.G.Kulkarni, Adv. for respondent no.4 and Mr.P.D.Meghe, Adv. for respondent no.5. Counsel for petitioner states that the petitioner was admitted to First Year B.E. (Information Technology) Course in respondent no.5 College for the Academic year 2008-09 from Nomadic Tribe category (Beldar). It is the case of petitioner that, while petitioner was in 11th Std., he submitted his Caste Certificate issued by the competent Authority belonging to Beldar Nomadic Tribe along with relevant documents to the 1712wp4396.09.odt 2 . competent Authority, who had forwarded those documents to respondent no.3/Caste Scrutiny Committee for verification of caste claim of the petitioner. It is contended that, after the petitioner was admitted in B.E. Course, she was expected to submit Caste Validity Certificate on or before 20th June, 2009 as per the procedure; however, the Caste Verification proceedings were not concluded on or before the said date and therefore, petitioner could not submit Caste Validity Certificate before the Authorities and therefore, the Pravesh Niyantran Samiti issued communication dt. 21.7.2009 disapproved the admission granted to the petitioner in First Year B.E. Engineering Course on the ground of non-submission of Caste Validity Certificate. Counsel for the petitioner has further submitted that the Caste Verification proceedings were concluded by the Caste Scrutiny Committee and Caste Validity Certificate was issued on 22.9.2009. It is further contended that identical issue was involved in Writ Petition No. 3601 of 2009 and said petition was disposed of by this Court vide order dt. 13.11.2009 by observing thus : 1712wp4396.09.odt 3 . “ Considered the contentions canvassed by the respective counsel. In the backdrop of the above referred facts, it is evident that the delay was caused in the verification proceedings by the Caste Scrutiny Committee and no fault can be attributed to the petitioner in this regard. It is nodoubt true that the Validity Certificate was required to be submitted on or before 20.6.2009 by the petitioner. However, since the verification proceedings by the Committee were not completed on or before the said date, it was not possible for the petitioner to submit the Validity Certificate on or before the said date. In that view of the matter, in the interest of justice, we dispose of the petition with a direction to respondent no.2 to validate admission of the petitioner and respondent no.1 is directed to accept the Validity Certificate.” It is submitted that present petition may kindly be disposed of in view of the said order. Counsel for respondents do not dispute the factual aspect of the matter. In the backdrop of the above referred facts, it is evident that delay is caused in verification of Caste Claim of the petitioner by the Caste Scrutiny Committee and therefore, in view of decision of this Court in Writ Petition No.3601 of 2009, we dispose of present petition with a direction to respondent nos. 1 and 2 to validate admission of petitioner and 1712wp4396.09.odt 4 . respondent no.2 is directed to accept the Caste Validity Certificate of petitioner. The petition is disposed of accordingly. JUDGE JUDGE jais