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Bombay High CourtWP/2425/2021disposed off

Anuja Anand Kumbarwar v. The State Of Maharashtra And Others

2021-02-08Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 44-WP-2425-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2425 OF 2021 Anuja D/o Anand Kumbarwar

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

Mr G.K. Chinchole, Advocate holding for Mr S.M. Vibhute, Advocate for Petitioner Mrs P.V.Diggikar, A.G.P. for Respondent-State CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 8th FEBRUARY, 2021 PER COURT :

1.

It is submitted that inspite of the order passed on 11.10.2019 in writ petition No. 10762/2018, directing the Committee to decide the proceeding within a period of three months, the same is not yet decided. The examination form of the petitioner for M.B.B.S. final year examination is not accepted on the ground that validity certificate is not submitted. 2.

The petitioner shall appear before the Committee on 1st March, 2021 and Committee shall decide the proceeding preferably within a period of two months from the date of appearance of the petitioner. 3.

If the Committee does not decide the proceeding within a period as stipulated then the Court would be constrained to take serious view of the matter including action for contempt.

2 44-WP-2425-2021 4.

We are observing so, because the Committee has not complied with the earlier order passed on 11.10.2019 in writ petition No. 10762/2018.

5.

Respondent Nos. 3 and 4 shall not restrain the petitioner from prosecuting her final year examination and respondent Nos. 3 and 4 shall not refuse to accept the M.B.B.S. final year examination form only on the ground that the validation proceeding is pending. 6.

The respondents may take further course of action depending upon the judgment that would be delivered by the Committee in the validation proceeding.

7.

The writ petition is disposed of. No costs.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta