2012wp5274.11.odt 1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO.5274 of 2011 Ku.Ankita d/o Ashok Nikhar ..vs.. The Scheduled Tribe Caste Certificate Verification Committee, Amt. & Ors. =-=-==-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. R.S.Parsodkar, Adv. for the petitioner. Mr. N.W.Sambre, Govt.Pleader for resp.no.1. Mrs.B.Dangre, AGP for resp.no.3. C ORAM : D.D.SINHA AND A.P.BHANGALE, JJ. DATED : 20th DECEMBER, 2011. Heard the learned counsel for the petitioner as well as the learned Government Pleader for respondent no.1. Learned counsel for the petitioner has submitted that on earlier occasion the petitioner had filed Writ Petition No.3479 of 2000 which was disposed of by this court on vide order dated 8/10/2010, whereby the Caste Scrutiny Committee was directed to decide the caste claim of the petitioner within six months from the date the petitioner appears before the Committee. The learned counsel for the petitioner has submitted that though the petitioner appeared before the Committee, till this date the Committee did not decide the caste claim of the petitioner which is still pending. It is, therefore, 2012wp5274.11.odt 2 prayed that the Committee may be asked, once again, to decide the same within a stipulated period. The learned counsel for the petitioner has submitted that the petitioner appeared for final year MBA examination held in the month of Summer 2011, result of which has already been declared and the petitioner was declared as successful. However, the mark-sheet of the petitioner was not issued by respondent no.2 since the Caste claim of the petitioner is pending before the Caste Scrutiny Committee. The learned counsel for the petitioner has submitted that in spite of the service of notice issued by this court in the present petition on respondent nos.2 and 3, nobody appears for them. In the instant case, it is not in dispute that this court by earlier order directed the Caste Scrutiny Committee to decide the caste claim of the petitioner within six months, however, Committee did not take a decision in the caste verification proceedings which are pending. It is unfortunate that the Committee did not honour the direction issued by this court and therefore, by way of last chance we grant one more opportunity to the Committee in this regard. The Caste Scrutiny Committee is directed to decide the caste claim of the petitioner in accordance with law and procedure applicable in this regard within a period of four months from the date of communication of this order. Respondent nos.2 and 3 are directed to issue mark-sheet of the final year MBA Examination, which was held in the Summer 2011 and the result thereof was also declared whereby the petitioner was shown to be successful in the examination within a period of three weeks provided the petitioner complies with all other formalities required in this 2012wp5274.11.odt 3 regard. It is made clear that if respondent nos.2 and 3 issue mark-sheet to the petitioner, provided she fulfills all other conditions in this regard, same shall not create any equity in favour of the petitioner which will be subject to decision of the Caste Scrutiny Committee. With the above observations and directions, the writ petition is disposed of. JUDGE JUDGE. chute