Nirmal Pooja Popat And ORS. v. Government Engineering And Research College And ORS.

dgm 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2819 OF 2015 Nirmal Pooja Popat & ors.

.... Petitioners vs Government Engineering & Research College Avsari (Khurd) & ors.

.... Respondents Mr. U. P. Warunjikar for the petitioners Mr. C. P. Yadav, AGP for respondents 2 to 6.

CORAM:

ANOOP V. MOHTA AND K. R. SHRIRAM, JJ.

DATE : April 06, 2015 P.C.:

Rule. Rule is made returnable forthwith. Heard finally by consent of parties.

As the Petitioners claim are pending before the Scrutiny Committee and as an apprehension was of cancellation of admission and, therefore, filed this Writ Petition on 17.03.2015. This Court on 19.03.2015 observed as under and granted adinterim relief in terms of prayer (c ) : 1/3

dgm 2 "1 Notice of final disposal to respondent no.1 returnable after two weeks. Petitioners' caste claims are pending before the respective Scrutiny Committee. In addition, private notice is also permitted. The chart is at page 15 of the petition. Therefore, there is no question of cancelling the admissions of the respective petitioners who got admissions on the basis of caste certificate in question issued by the competent authority at the relevant time. The petitioners cannot be blamed for the delay. The threatened action by notice dated 9th March 2013 therefore is stayed pending the disposal of this petition.

We are also inclined to grant ad-interim relief in terms of prayer clause (c)."

Therefore to avoid further delay and in the interest of justice, we are inclined to dispose of the present writ petition with direction to Respondents 2 to 6 to decide the caste claim of the Petitioners as early as possible and preferably within ten months. The interim order already granted by this Court to continue till the 2/3

dgm 3 final decision of caste claim of the Petitioners and four weeks thereafter, if adverse order is passed against the Petitioners. However, it is made clear that there is no question of claiming any equity, if order goes against the Petitioners. Rule made absolute in the above terms. There shall be no order as to costs.

(K. R. SHRIRAM, J.) (ANOOP V. MOHTA, J.) 3/3