skc 1 WP-4776-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4776 OF 2011 Ritesh Padmaraj Kundap ..Petitioner versus State of Maharashtra & Ors. ..Respondents Mr. Rahul P. Walvekar for Petitioner. Mr. C. R. Sonawane, Assistant Government Pleader for the State. CORAM : D. D. SINHA & A. R. JOSHI, JJ. 29 June 2011. P.C. : Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the State. 2. The counsel for the petitioner has submitted that the petitioner has appeared for PGM-CET-2011 Entrance Examination and was declared successful. The petitioner is desirous of taking admission for Post Graduate MD/MS/Diploma Courses for the academic session 2011-2012. Counsel for the petitioner has submitted that the petitioner belongs to Hindu Kasar caste which is included in OBC Category, the caste claim of the petitioner skc 2 WP-4776-11 initially was pending with the Caste Scrutiny Committee, Pune. However, for want of jurisdiction, the Caste Scrutiny Committee at Pune referred the caste claim of the Petitioner to the competent Caste Scrutiny Committee at Kolhapur where it is pending for verification and decision on merits. Counsel for the petitioner has submitted that the counselling is scheduled to take place today, therefore direction may also be given to the respondent no. 1 to consider the claim of the petitioner for grant of admission to the said course provisionally from OBC category which may be made subject to the result of the decision of the Caste Scrutiny Committee. Similarly, direction be given to the Caste Scrutiny Committee to decide the caste claim of the petitioner in accordance with law within a stipulated period. The learned Assistant Government Pleader does not dispute the fact that the caste claim of the petitioner is pending before the Divisional Caste Scrutiny Committee No.2, Kolhapur. 3. We have considered the contentions canvased by the respective counsel. On the back-drop of the above referred facts, it appears that the caste claim of the petitioner is pending before the Divisional Caste Scrutiny Committee No.2, Kolhapur, for decision. Similarly, the petitioner appear to have cleared the entrance examination for Post Graduate MD/MS/Diploma Courses for academic session 2011-2012 and the counselling is scheduled to skc 3 WP-4776-11 take place today. In these circumstances, we direct the Divisional Caste Scrutiny Committee No. 2, Kolhapur to decide the caste claim of the petitioner in accordance with law and procedure applicable in this regard on its own merits within a period of four months from the date of communication of this order. The respondent no.1 is directed to consider the claim of the petitioner for grant of admission for the said course from OBC category provisionally provided the petitioner is otherwise qualified and eligible. It is made clear that if the petitioner is given admission, the same shall be totally provisional and would be subject to the result of the decision of the Divisional Caste Scrutiny Committee No.2, Kolhapur. It is also made clear that the petitioner shall not claim any equity on the basis of the provisional admission if granted by the Authorities. 4. With these observations and directions, the writ petition is disposed of. (D. D. SINHA, J.) (A. R. JOSHI, J.)