Disposed

Ms. Subiya Ayyub Shaikh v. the State of Maharashtra and Ors.

Bombay HC22 Nov 2011WP/7694/2011

Case brief

AI extract

What is this about?

In a writ petition regarding admission to a BDS course, the Court directed the respondents to declare the petitioner's first-year BDS examination result immediately and accepted the undertaking that caste verification would be completed within two weeks, disposing of the fresh petition with these directions.

What did the court decide?

Directed respondents to declare first-year BDS result immediately and accept enrollment for second year pending caste verification completion.

Ms. Subiya Ayyub Shaikh Vs the State of Maharashtra… — Education and Admissions | Bombay HC (2011)

WP-7694-2011

srk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7694 OF 2011

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Ms. Subiya Ayyub Shaikh

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...Petitioner

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Versus

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The State of Maharashtra & ors.

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...Respondents

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Ms.Pooja Thorat for petitioner. Mr.C.R.Sonawane, AGP for resp.nos.1, 2 and 5. Mr.S.B.Shetye for resp.nos.3 and 4.

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CORAM: B. H. MARLAPALLE & SMT. NISHITA MHATRE, JJ.

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November 22, 2011.

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P.C.

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1. We have heard Ms. Thorat, the learned counsel for the petitioner

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who has been admitted to the first year of BDS Course on 21/7/2010 at the respondent no.6 – Dental College against a seat reserved for OBC.

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The petitioner claims that she belongs to the “Pinjari” caste and her caste

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claim is pending for verification before the respondent no.5 – Committee. The petitioner had approached this Court in Writ Petition No.2468 of 2011 seeking directions against the respondents and the said

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petition was disposed off on 29/3/2011 with the following directions:

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“A] We direct the respondent no.5/Scrutiny Committee to decide the caste claim of the petitioner as expeditiously as possible and in any case not later than 8 weeks from today.

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B] In the mean time respondent nos.3 and 4 shall accept the application for enrollment and examination form of the petitioner to appear for 1st year, BDS examination in April, 2011.

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C] The petitioner would be entitled to appear for the said examination if she has fulfilled other mandatory requirements which is a matter to be considered by the University on its own merits. In other words this order is not a direction to ignore the deficiencies with regard to other mandatory requirements, if any.

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D] If the University issues hall ticket to the petitioner she would be free to appear for the 1st year BDS examination commencing in April, 2011, however, that will not create any right in favour of the petitioner whatsoever.

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E] The examination result of the petitioner shall be kept in

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abeyance by the University until the decision of the caste Scrutiny Committee .

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F] The petitioner shall appear before the office of the Scrutiny Committee on 8/4/2011. ”

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In spite of the order passed by this Court on 29/3/2011 – the respondent no.5 Caste Scrutiny Committee has not yet verified the petitioner’s caste claim. Mr.Sonawane, the learned AGP appearing for the Scrutiny Committee, on instructions, stated that pending verification proceedings will be completed within a period of two weeks from today and, therefore, he prayed for an extension for the said period.

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So far as the result of the petitioner for the last examination i.e. first year BDS is concerned, the same was placed before us in a sealed envelope by the respondent – University as directed by us on 21/11/2011. We are informed that the result has been withheld because the petitioner could not submit the caste validity certificate. The prayer in this fresh petition is for directions to the respondent nos.3 and 4 to accept her enrollment for the second year of BDS pending verification of her caste claim and to direct the said respondents to declare the result of the first

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WP-7694-2011

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year BDS examination. The petitioner has also prayed for permission to appear for the second year BDS course.

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As the Scrutiny Committee has undertaken before us that the pending proceedings for verification of the petitioner’s caste shall be completed within two weeks from today, we direct the respondent nos.3 and 4 to declare the petitioner’s result of the first year BDS examination held in the summer of 2011 immediately.

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Petition is disposed off in terms of the above directions.

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(SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)

Ms. Subiya Ayyub Shaikh v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Ms. Subiya Ayyub Shaikh v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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