1 W.P.No.5410 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.5410 Of 2011 * Nayum s/o Nazeersab Shaikh, Age 18 years, Occupation : Student, R/o. Bagwan Galli, Choubara Road, Udgir, Taluka Udgir, District Latur. .. Petitioner. Versus 1) The State of Maharashtra Through the Director of Technical Education, Maharashtra State, Mumbai. 2) The Divisional Caste Scrutiny Committee No.2, Ausa Road, Latur, District Latur Through its Member Secretary. 3) The Principal/Director, Vishwakarma Institute of Technology, 666, Upper Indira Nagar, Bibewadi, Pune - 411 037. .. Respondents. -------- Shri. Pratap G. Rodge, Advocate for the petitioner. Smt. V.A. Shinde, Assistant Government Pleader, for respondent No.1. -------- CORAM: D.B. BHOSALE & S.B. DESHMUKH, JJ. DATE: 22nd JULY 2011 2 W.P.No.5410 of 2011 ORAL ORDER: 1) Heard learned counsel for the petitioner and learned Assistant Government Pleader for respondent No1. 2) Rule, Rule is made returnable forthwith. Heard finally by consent of learned counsel for the parties. 3) The petitioner in this petition seeks the following reliefs. "(B) By a writ of certiorari or any other appropriate writ or direction in the like nature, the letter/order dated 9.7.2011 issued by the respondent no.3-College may kindly be quashed and set aside. (C) By a writ of mandamus or any other appropriate writ or direction in the like nature, the respondent no. 3-College may kindly be directed to declare the result of the petitioner of First Year Engineering Course and to continue the admission of the petitioner in Chemical Engineering Course till communication of the decision of his claim by the respondent no.2- Committee. (D) By a writ of mandamus or any other appropriate writ or direction in the like nature, the respondent no.2-Committee may kindly be directed to decide the caste claim of the petitioner within stipulated period." 4) We have perused the letter dated 9-7-2011, issued by respondent-College, whereby they seem to have 3 W.P.No.5410 of 2011 cancelled the petitioner's admission to the First Year and refused to give him admission to the Second Year Engineering Course (2011 - 2012). This letter is issued in view of the undertaking given by the petitioner on 30th of September 2010 that he shall produce caste validity certificate on or before 31st of January 2011. The petitioner's caste claim is pending before respondent No.2 -scrutiny committee since 30th of August 2010. The petitioner in para 8 of the petition has stated that his father approached the scrutiny committee on several occasions for expeditious hearing of his caste claim. He has, however, not placed any material on record in support thereof. Keeping that view and considering the prayers made in the writ petition and overall facts and circumstances of the case, we are satisfied that the following order shall meet ends of justice: 5) Respondent No.2-Scrutiny Committee shall consider and decide the petitioner's caste claim as expeditiously as possible and preferably on or before 30th March 2012 on merits in accordance with law. Petitioner is directed to cooperate for the disposal of the caste claim 4 W.P.No.5410 of 2011 before the scrutiny committee within the time frame and he shall not seek adjournment on frivolous grounds. Till then, the letter cancelling admission of the petitioner shall remain in abeyance. In other words, respondent No.3- College shall allow the petitioner to take admission to the Second Year, attend classes and also appear for the examination, if any. The petitioner is directed to produce a copy of this order personally before the scrutiny committee on or before 22nd of August 2011. It is made clear that, the petitioner shall not be entitled to claim any equities. 6) Rule is disposed of accordingly. Copy of this order duly authenticated by the Registry be issued to the petitioner. Sd/- Sd/- (S.B. DESHMUKH, J.) (D.B. BHOSALE, J.) rsl