1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8181 OF 2005 WRIT PETITION NO.8181 OF 2005 WRIT PETITION NO.8181 OF 2005 Anita Arun Salvi ...Petitioner Vs. The State of Maharashtra & Ors. ...Respondents ----- Smt. Varsha Palav Adv. for Petitioner Mr. R.D. Rane, A.G.P. for Respondents 1 to 3 CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. DATED: 30TH NOVEMBER , 2005 DATED: 30TH NOVEMBER , 2005 DATED: 30TH NOVEMBER , 2005 P.C. P.C. P.C. . Rule. Heard forthwith. . Rule. Heard forthwith. . Rule. Heard forthwith. 2. The limited relief that the Petitioner seeks 2. The limited relief that the Petitioner seeks 2. The limited relief that the Petitioner seeks is that the admission should not be cancelled which is that the admission should not be cancelled which is that the admission should not be cancelled which was against a reserved seat until the matter is was against a reserved seat until the matter is was against a reserved seat until the matter is decided by the Caste Scrutiny Committee, and that the decided by the Caste Scrutiny Committee, and that the decided by the Caste Scrutiny Committee, and that the Petitioner should not only be entitled to proceed to Petitioner should not only be entitled to proceed to Petitioner should not only be entitled to proceed to studies but also to appear for all the examination studies but also to appear for all the examination studies but also to appear for all the examination till the till the till the decision by the Committee. decision by the Committee. decision by the Committee. 3. In earlier judgment we had taken a stand that 3. In earlier judgment we had taken a stand that 3. In earlier judgment we had taken a stand that the rule directing the student to produce a Caste the rule directing the student to produce a Caste the rule directing the student to produce a Caste validity certificate within 12 weeks as directory. validity certificate within 12 weeks as directory. validity certificate within 12 weeks as directory. Considering the above, we direct the College and the Considering the above, we direct the College and the Considering the above, we direct the College and the Examination Authorities to permit the Petitioner to Examination Authorities to permit the Petitioner to Examination Authorities to permit the Petitioner to appear for the examination pending the decision by the appear for the examination pending the decision by the appear for the examination pending the decision by the Caste Scrutiny Committee. The Caste Scrutiny Caste Scrutiny Committee. The Caste Scrutiny Caste Scrutiny Committee. The Caste Scrutiny 2 Committee to decide the Petitioner’s caste claim Committee to decide the Petitioner’s caste claim Committee to decide the Petitioner’s caste claim within a period of 4 months from today. It is made within a period of 4 months from today. It is made within a period of 4 months from today. It is made clear that the continuance of admission of the clear that the continuance of admission of the clear that the continuance of admission of the Petitioner is subject to the Petitioner getting Caste Petitioner is subject to the Petitioner getting Caste Petitioner is subject to the Petitioner getting Caste Validity Certificate and the Petitioner will not claim Validity Certificate and the Petitioner will not claim Validity Certificate and the Petitioner will not claim any equity on the ground of the interim relief granted any equity on the ground of the interim relief granted any equity on the ground of the interim relief granted by this Court. by this Court. by this Court. . Rule made absolute accordingly. No order as . Rule made absolute accordingly. No order as . Rule made absolute accordingly. No order as to costs. to costs. to costs. (F.I.REBELLO J.) (F.I.REBELLO J.) (F.I.REBELLO J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.)