AMEENA KHWAJA MOHINUDDIN SHAIKH Vs. SECRETARY

JUDGEMENT

(1.) RULE. Ms. Patel, learned AGP waives notice of Rule for respondents Nos. 1 and 3. Respondent No. 2 has filed the affidavit through Dr. Munira Momin and therefore, they are further not required to be served. The matter is finally heard.

(2.) THE short facts of the case appears to be that the petitioner was granted certificate for reserved category of SEBC on the ground that she belongs to Muslim-Sipai caste which is a caste for reserved category of other backward classes. She applied for admission in engineering and the aforesaid certificate was granted on 17. 06. 2004. The process of admission had started in the month of July 2006 onwards. It appears that in the meantime, Director, Developing Welfare Caste Department, respondent No. 3 herein, initiated proceedings for verification of the Certificate issued by the Social Welfare Officer and other officers lower to him and the opportunity of hearing was also given to the petitioner and father of the petitioner. In the meantime, the petitioner was already granted admission in the respondent No. 2 college as if she belongs to SEBC category. It appears that thereafter, on 10. 07. 2007, the respondent No. 3 passed the order for cancellation of the Certificate of SEBC. It is under these circumstances, as the petitioner apprehended that her admission would be cancelled and she would be prohibited to prosecute studies, she preferred the present petition.

(3.) HEARD Mr. Tirmizi for the petitioner, Ms. Patel, learned AGP for the State Authorities, i. e. respondents Nos. 1 and 3 herein. Respondent No. 2 College has filed the affidavit whose contention shall be considered appropriately at the later stage as and when required.