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Bombay High CourtWP/360/2017disposed offdismissed for default

Shubham Shamrao Salunke v. Scheduled Tribe Certificate Scrutiny Committee Aurangabad Through Its Member Secretary And Others

2017-03-10Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice K.L. Wadane3 pages

(1) 973 WRIT PETITION NO. 360 OF 2017 SHUBHAM SHAMRAO SALUNKE

VERSUS

SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE AURANGABAD THROUGH ITS MEMBER SECRETARY AND OTHERS ...

WITH WRIT PETITION NO. 359 of 2017 VENKATESH BABRUWAN SHINDE

VERSUS

SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE AURANGABAD THROUGH ITS MEMBER SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr.Phatale Sagar S AGP for Respondent State:Mrs. M.A.Deshpande Mr.Kakde Sunil B., Adv., for R/3 ...

CORAM : S V GANGAPURWALA & K.L. WADANE, JJ.

Dated: March 10, 2017 ...

PER COURT :- 1.

Learned Counsel submits that the validation proceedings in respect of the tribe claim of the petitioners in both these petitions are pending with the Committee for more than two years. The same is not yet decided.

2.

The petitioners are taking education with the respondent College. The respondent College is insisting the petitioners to submit validity or else, the petitioners would not be allowed to appear for the examination.

(2) 3.

We have heard learned A.G.P. and the learned Counsel for the respondents.

4.

It appears that the validation proceedings in respect of the tribe claim of the petitioners are pending with the Committee for more than two years. Considering the above, we pass the following order:

ORDER

1.

The respondent Committee shall decide validation proceedings in respect of tribe claims of the petitioners expeditiously and preferably within eight months from the date of receipt of writ of this Court. The petitioners would cooperate in expeditious disposal of the proceedings. The petitioners shall appear before the respondent Committee on 3rd of April, 2017. 2.

Till the validation proceedings are decided, the respondent no.3 College shall not take adverse action against the petitioner nor refrain the petitioners from prosecuting their further studies on the ground that the validation proceedings are pending. 3.

The respondents can take further course of action depending on the judgment that would be delivered by the respondent Committee.

(3) 4.

The Writ Petitions accordingly stand disposed of. ( K.L. WADANE, J. ) ( S V GANGAPURWALA, J. ) ...