Gangabai Prakash Pujalwar v. The State Of Maharashtra And Others

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2245 OF 2017 GANGABAI PRAKASH PUJALWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr.Sunil M. Vibhute, Advocate for the petitioner Smt.R.P.Gaur, AGP for the respondent/State CORAM : S.V. GANGAPURWALA & S.M. GAVHANE, JJ.

DATED :

21.11.2017 P.C. :- .

It is submitted that validation proceeding in respect of the tribe claim of the petitioner is pending since August, 2016. The petitioner is admitted in BAMS course and presently studying in IInd year. The Institution had issued letter dated 16.01.2017 to submit the validity certificate else the admission will be cancelled. In view of the fact that validation proceeding is pending, we pass the following order:-

( 2 )

ORDER

a.

Respondent No.2 Committee shall decide the validation proceeding in respect of the tribe claim of the petitioner, expeditiously preferably within nine months.

b.

The petitioner shall co-operate in expeditious disposal of the said proceeding.

c.

The petitioner shall appear before the Committee on 06.12.2017.

d.

The impugned notice issued by the institution is quashed and set aside.

e.

Respondent/ Institution shall not take any adverse action against the petitioner only on the ground that the validity certificate is not yet submitted.

f.

The respondent/Institution shall neither refrain the petitioner from prosecuting the studies nor demand fees only on the ground that validation proceeding is pending.

( 3 ) g.

The respondent/Institution can take further course of action on the basis of judgment that would be delivered by the Committee in the validation proceeding.

h.

Accordingly the writ petition stands disposed of. No costs.

[S.M. GAVHANE, J.] [S.V. GANGAPURWALA, J.] / VishalK wp2245.17