1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 1179/2008 (Kunal Mahendrakumar Sawale VERSUS The Caste Scrutiny Committee & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Mr. S.U. Nemade, counsel for the petitioner. Mr. V.A. Thakre, Assistant Government Pleader for the R-1 & 2. Mr. Kasat, counsel for the R-3. Mrs. Jog, counsel for the R-4. CORAM : D.D.SINHA AND SMT. VASANTI A. NAIK, JJ. DATE : MARCH 28, 2008. Heard. The learned counsel for the petitioner states that the petitioner was given admission to the first year B.Pharm course in respondent no.4 college from Other Backward Classes (O.B.C.) category from 04.08.2006. The petitioner was permitted to appear in the final examination of first year B.Pharm course held between 30.04.2007 to 15.05.2007. Though the result of the said examination was not declared, the petitioner was permitted to attend the classes of second year B.Pharm course. The counsel for the petitioner states that the petitioner has attended classes of second year B.Pharm course however, now when the practical examination of second year B.Pharm course is commencing from 2 04.04.2008, the petitioner is not permitted to appear in the said practical examination. Considered the contentions canvassed by the learned counsel for the petitioner. It is, no doubt, true that the petitioner was admitted in the B.Pharm course from Other Backward Classes category and it appears that the Caste Scrutiny Committee has not yet verified the caste claim of the petitioner and is pending before the Caste Scrutiny Committee. However, there is absolutely nothing placed on record in order to demonstrate that the application form of the petitioner was rejected on the ground of non-submission of caste certificate nor there is any communication either by the college or by the University which would show that the petitioner was not permitted to appear in the practical examination. Even otherwise, we are really surprised as to how the petitioner has not prayed for the relief of declaration of result of first year B.Pharm examination in which he appeared. Since the result of the first year B.Pharm examination of the petitioner is not declared, we are not aware whether the petitioner has factually passed in all the subjects, failed in all the subjects, passed in some of the subjects or failed in some of the subjects and if the petitioner has failed in some of 3 the subjects, whether the petitioner can be Allowed To Keep Terms and can be permitted to be admitted in the second year of B.Pharm course. In absence of all these factors, it would be difficult for us to show indulgence in the present writ petition except we direct the Caste Scrutiny Committee to dispose of the caste claim of the petitioner, if not yet decided till this date, within a period of one month from today. At this stage, the learned counsel for the petitioner makes a request that the direction be given to the University to provisionally declare the result of the final examination of the first year B.Pharm course in which petitioner had appeared. In the backdrop of the above referred facts, in the normal course, we would not have issued such direction unless the petitioner specifically would have prayed for the said relief in the writ petition. However, since the matter pertains to student, we direct the University to provisionally declare the result of the final examination of the first year B.Pharm course, in which petitioner had appeared, on 2nd of April, 2008 and on the basis thereof, if the petitioner is eligible to be admitted in the second year B.Pharm course and also eligible to appear in the practical examination, in that case, the petitioner 4 should not be prevented merely because the petitioner could not submit the validity certificate to the competent authority. It is made clear that the said declaration shall not create any equity in favour of the petitioner. With these observations and directions, the writ petition is disposed of. Steno copy is granted. JUDGE JUDGE APTE