Momin Batool Momin Mahboob v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 387 OF 2018 Momin Batool Momin Mahboob .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mrs. A. N. Ansari, Advocate for the Petitioner. Shri G. O. Wattamwar, A.G.P. for Respondent Nos.1 and 4. Shri K. C. Sant, Advocate for the Respondent No. 2. CORAM : S. V. GANGAPURWALA AND ARUN M. DHAVALE, JJ.

DATE : 10TH JANUARY, 2018.

FINAL ORDER :

.

It is states that, the validation proceeding in respect of caste claim of the petitioner is pending with the respondent No. 4/Committee, however, the respondent No. 2 has withheld result of the petitioner's Ist year M. B. B. S. examination on the ground that validity certificate is not yet submitted. 2.

We have heard the learned Assistant Government Pleader for respondent Nos. 1 and 4 and Mr. Sant, the learned counsel for the respondent No. 2.

3.

Considering the fact that, validation proceeding is still

2 wp 387.18 pending, we pass following order.

4.

The respondent No. 4/Committee shall decide validation proceeding in respect of caste claim of the petitioner expeditiously and preferably within a period of nine (09) months from the date of appearance of the petitioner. The petitioner shall co-operate in expeditious disposal of the proceedings. The petitioner shall appear before the Committee on 30.01.2018. The respondent Nos. 2 and 3 shall not withhold result of the petitioner's examination only on the ground that validation proceeding is pending and if the petitioner is otherwise eligible, then the petitioner shall be allowed to prosecute the examination for IInd year. The respondent Nos. 2 and 3 shall take further course of action on the basis of judgment and order that will be passed by the respondent No. 4 in the validation proceeding. The writ petition is disposed of. No costs.

[ARUN M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] bsb/Jan. 17