Nagesh Balaji More v. The State Of Maharashtra And Others

1 1124-wp 1724-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1724 OF 2021 Nagesh Balaji More .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. O. B. Boinwad, Advocate for the Petitioner. Mr. P. S. Patil, Addl. G. P. for Respondent Nos. 1 and 4. Mr. B. B. Dahiphale, Advocate for Respondent No. 3. CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 29th JANUARY, 2021.

PER COURT:- .

The learned counsel for the petitioner submits that validation proceeding is pending with respondent No. 4 since 2016. The same is not yet decided. The petitioner is taking education in 3rd (ii) year M.B.B.S. course.

2.

The learned Addl. G. P. accepts notice for respondent Nos. 1 and 4.

3.

In case, the validation proceeding in respect of the tribe claim of the petitioner is pending with respondent No. 4, then respondent No. 4 shall decide the same on its own merits, in accordance with law,

2 1124-wp 1724-2021.odt expeditiously and preferably within a period of (04) months from the date of appearance of the petitioner. The petitioner shall appear before the scrutiny committee on 12.02.2021.

4.

In case, the petitioner is otherwise eligible, then the respondents may not refuse to accept the examination form of the petitioner only on the ground that validation proceeding is pending. The respondents may take further course of action depending upon the judgment that would be delivered by the committee in the validation proceeding. 5.

Writ petition is disposed of. No costs.

( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.