1 WP NO.6532/2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 35. WP/6532/2010 PATHAN SOHEL RAHEMTULLA KHAN [Civil] V/S STATE OF MAH AND ORS ------------------------------------------------------------------ Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. A.M.Gaikwad, Adv., for the petitioner. Mr. V.H.Dighe, APP for respondent State. Mr.H.H.Padalkar, Adv., for respondent No.3. ... CORAM: D.B.BHOSALE AND S.B.DESHMUKH, JJ. DATE:July 4th, 2011 ... 1. Heard learned Counsel for the parties. In this writ petition the petitioner is seeking following relief: "B. Hold and declare that, the petitioner is eligible and entitled for the grant of the scholarship as per the G.R. dated 05.02.2009 and thereby issue of writ of mandamus, or any other writ, order or direction in the nature of writ of mandamus, directing the respondents to accept and consider the case of the petitioner for the grant of "Scholarship" as per the G.R. dated 05.02.2009 and for that purpose issue necessary orders." 2. Learned Counsel for the petitioner submits respondent No.3 Institute refused 2 WP NO.6532/2010 to forward petitioner's application for scholarship as per the Government Resolution dt.5.2.2009, on the ground that petitioner is getting benefit of Economically Backward Class Scheme ( "EBC Scheme" for short) and, therefore, he is not entitled for scholarship as per Government Resolution dt.5.2.2009. In our opinion, respondent no.3 had no reason, to refuse to accept petitioner's application, and forward it to respondent no.2, for it's consideration. There is no dispute that it is only respondent no.2, who can decide whether petitioner is entitled for scholarship, as per the Government Resolution dt.5.2.2009. Keeping that in view, we are disposing of this writ petition by following order: The petitioner shall submit his application to respondent no.3 for scholarship as per the Government Resolution dt.5.2.2009, duly filled in, along with all relevant documents, within a period of four weeks from today. If petitioner submits such an application, respondent no.3 shall forward it to respondent no.2 within a period of two weeks therefrom. Respondent no.2 shall 3 WP NO.6532/2010 consider and decide the petitioner's application within a period of twelve weeks from the date of its receipt on merits and in the light of the Government Resolution dated 5.2.2009. Respondent no.2 shall communicate it's decision to the petitioner immediately thereafter. It is made clear that while passing this order, we have not examined the question whether the petitioner is entitled for scholarship. With these observations, the petition disposed of. (S.B.DESHMUKH, J.) (D.B.BHOSALE, J.) ... AGP/6532-10wp