Deepali Vasant Kamble v. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad And Others

1 WP1699.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1699 OF 2015 Kum. Deepali Vasant Kamble .. Petitioner

Versus

Scheduled Tribe Certificate Scrutiny Committee, Aurangabad and Others .. Respondents Shri S. S. Phatale, Advocate for the Petitioner Shri P. S. Patil, Advocate for the Respondent No. 1 Shri C. A. Jadhav, Advocate for the Respondent No. 2 Shri V. S. Kadam, Advocate for the Respondent No. 3 CORAM : S. V. GANGAPURWALA AND V. L. ACHLIYA, JJ.

DATE : 26TH FEBRUARY, 2015.

PER COURT :

1) Mr. Phatale the learned counsel submits that, validation proceedings in respect of the Tribe claim of the petitioner is pending. However, the respondent only on the said ground is not declaring the result.

2) Mr. Patil the learned counsel does not dispute that validation proceedings are pending. We have heard the learned

2 WP1699.15 counsel for the respondent Nos. 2 and 3 also. 3) To get the proceedings decided within a stipulated period is not in the hands of a litigant. In light of that, we pass the following order.

ORDER

A) The respondent No. 1 committee shall decide the validation proceedings in respect of the Tribe claim of the petitioner expeditiously preferably within one (1) year.

B) The petitioner shall co-operate in expeditious disposal of the said proceedings.

C) The respondents shall not withhold the result of the petitioner's first year Physiotherapy Exam only on the ground that, validation proceedings are pending and the petitioner shall not be refrained from prosecuting further studies only on the ground of pendency of validation proceedings.

5) Writ petition disposed of. No costs.

[ V. L. ACHLIYA, J. ] [ S. V. GANGAPURWALA, J. ] sam/Feb. 15