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Bombay High CourtWP/3142/2024disposed off

Somesh Balaji Gadewad v. The State Of Maharashtra Through Its Secretary And Another

2024-03-21Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2024:BHC-AUG:6585-DB wp-3142.24 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 919 WRIT PETITION NO. 3142 OF 2024 SOMESH BALAJI GADEWAD

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...

Mr. Chandrakant R. Thorat Advocate for Petitioner. Ms. R.P. Gour, A.G.P. for Resp. Nos. 1 and 2. ...

CORAM: SMT. VIBHA KANKANWADI AND S.G. CHAPALGAONKAR, JJ.

DATE : 21st MARCH 2024 ORDER :

1.

The petitioner seeks direction to respondent No.2 Committee to decide his tribe claim expeditiously, presented on 5th April 2023.

2.

Learned AGP, after waiving service of notice for respondent Nos. 1 and 2 and taking instructions, makes a statement that immediately after the tribe claim was submitted by the petitioner, the committee by its communication dated 25th May 2023, has raised objections and called upon the petitioner to submit the documents. However, till today he has not complied with it.

wp-3142.24 3.

In the normal course we would have straightway rejected the Petition as the petitioner himself is responsible for the delay. However, since the petitioner is a student of 12th standard, Science faculty and preparing for entrance examination for NEET-2024, he would be requiring the certificate, we are entertaining the Petition.

4.

The Writ Petition therefore stands partly allowed on following conditions:- (I) The petitioner to appear before respondent No.2 committee on 1st April 2024 at 11.00 a.m. and comply with the objections raised by respondent No.2 committee by its letter dated 25th May 2023.

(II) Respondent No.2 committee may extend the time for a reasonable period for submission of those documents and then decide the tribe claim on its own merits, as expeditiously as possible but in any case within a period of six months from 1st April 2024. [S.G. CHAPALGAONKAR] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/MAR24