Ashlesha Chandrakant Gajewad v. The State Of Maharashtra And Others

{1} wp1624-17 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1624 OF 2017 Ashlesha Chandrakant Gajewad PETITIONER

VERSUS

The State of Maharashtra and Others RESPONDENTS .......

Mr. G. K. Chincholkar h/f Mr. S. M. Vibhute, Adv. for petitioner Mr. S. S. Dande, AGP for respondent - State Mr. M. D. Narwadkar, Advocate for respondent No. 4. .......

[CORAM : SUNIL P. DESHMUKH AND S. M. GAVHANE, JJ.] DATE : 11 th JUNE, 2019 ORDER :

1.

Petition has been moved seeking directions to allow the petitioner to prosecute her course of Information Technology Engineering at respondent No. 3 college and allow her to appear for examination and declare her result without insisting for tribe validity certificate and fees as applicable to open category candidate, since tribe validity proceeding had been pending before respondent No. 6 committee.

2.

While the petition had been moved, division bench of this court on 3rd February, 2017 had issued notice to respondents and had protected interest of the petitioner directing that

{2} wp1624-17 respondents shall not restrain the petitioner from prosecuting further studies only on the ground that the validation proceeding is pending.

3.

Situation, it appears, goes unaltered since then tribe validity claim of the petitioner is stated to be pending with the scrutiny committee. In the circumstances, it would be expedient that the scrutiny committee - respondent No. 6 proceeds with the scrutiny of the tribe claim of petitioner and decide the same expeditiously, preferably within a period of six months from the date of receipt of writ of this order. Until such time, protection granted to the petitioner under order dated 3rd February, 2017 to continue. Consequences upon decision by scrutiny committee may follow, subject to action by parties.

4.

With aforesaid observations, writ petition stands disposed of.

[S. M. GAVHANE] [SUNIL P. DESHMUKH] JUDGE JUDGE drp/wp1624-17