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Bombay High CourtWP/1464/2015disposed offdismissed for default

Hrushikesh Pralhad Medhe Through Guardian Pralhad Keru Medhe v. The State Of Maharashtra And Others

2015-07-29Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.K. Jadhav3 pages

1 WP1464.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1464 OF 2015 Hrushikesh Pralhad Medhe Through Guardian Pralhad Keru Medhe .. Petitioner

Versus

The State of Maharashtra and Others .. Respondents Shri Kadam, Adv. h/f Shri B. S. Chondhekar, Advocate for the Petitioner.

Smt. M. S. Patni, A. G. P. for the Respondent No. 1. Shri A. B. Tele, Advocate for the Respondent No. 2. Shri Kale, Adv. h/f Shri A. R. Joshi, Advocate for the Respondent No 4.

CORAM : S. V. GANGAPURWALA AND V. K. JADHAV, JJ.

DATE : 29TH JULY, 2015.

PER COURT :

1.

It is submitted that, the petitioner is taking education with the Respondent No. 3 / College. The Respondent No. 3 is served. None appears for the Respondent No. 3. The validation proceedings in respect of the Tribe claim of the petitioner is pending with the Respondent No. 2 / Committee. According to the petitioner respondents have issued show cause

2 WP1464.15 notice dated 20.12.2014 seeking explanation as to why the admission should not be cancelled for non submission of validity certificate.

2.

Mr. Tele, the learned counsel for the Respondent No. 2 / Committee states that, the said validation proceedings is still pending.

3.

It is not in the hands of a litigant to get the proceedings decided within a stipulated time. According to the learned counsel for the Respondent No. 2, it would take some time for the committee to decide the proceedings. 4.

In light of that, we pass the following order -

ORDER

I] The Respondent No. 2 / Committee shall decide the validation proceedings in respect of the Tribe Claim of the petitioner expeditiously and preferably within a period of nine (9) months, from today.

II] The petitioner shall cooperate in expeditious disposal of the said proceedings.

3 WP1464.15 III] Till the validation proceedings is decided, Respondent Nos. 3 and 4 shall not refrain the petitioner from prosecuting further studies only on the ground that, validation proceedings is pending.

IV] Of course, Respondent Nos. 3 and 4 are entitled to take further course of action in tune with the judgment delivered by the committee in validation proceedings.

V] The impugned notice "Exh. D" is quashed and set aside.

5.

Writ petition is accordingly disposed of. No costs. [ V. K. JADHAV, J. ] [ S. V. GANGAPURWALA, J. ] sam/July. 15