Pooja Balasaheb Shinde v. The State Of Maharashtra, Through Secretary, Medical Education Dept And ORS

WP10465.13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10465 OF 2013 Pooja d/o Balasaheb Shinde ... Petitioner Vs

1. The State of Maharashtra & Ors.

... Respondents None for the Petitioner.

Mr. P.G. Sawant, AGP, for the Respondent Nos.1and 3.. Mr. Rajshekhar Govilkar for the Respondent No.2. CORAM : S.C. DHARMADHIKARI & P.D. NAIK , JJ.

SATURDAY, 16TH APRIL, 2016 P.C. :

1.

This writ petition is pending in this Court from 8th October, 2013. On 15th October, 2013, the petitioner applied for adinterim reliefs and a Division Bench of this Court directed the second respondent to the writ petition to accept the application form submitted by the petitioner to appear for the second year examination in BDS Degree course. This was a conditional order and notwithstanding the pendency of this petition the third respondent could have proceeded to consider and verify the caste SRP 1/2

WP10465.13.doc claim of the petitioner. That was to be verified within six weeks from 15th October, 2013.

2.

Thereafter, the petition appeared before a Division Bench of this Court. From 15th February, 2014, continuously the petitioner and his advocate are remaining absent. This was the position even on 14th October, 2015. The petition is on board, but never any attempt has been made to inform the Court what was the outcome of the proceedings before the Scrutiny Committee or whether the petitioner appeared for the examination and was successful therein.

3.

No useful purpose will be served by keeping such a petition pending. The writ petition is dismissed for want of prosecution. If the caste claim of the petitioner is rejected, then, the petitioner will lose the benefit of the ad-interim order passed by this Court. P.D. NAIK, J.

S.C. DHARMADHIKARI, J.

SRP 2/2