Dnyaneshwari Somnath Boyane v. The State Of Maharashtra And Others
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.1913 OF 2016 WITH WRIT PETITION NO.1914 OF 2016 WRIT PETITION NO.1915 OF 2016 WRIT PETITION NO.1916 OF 2016 WRIT PETITION NO.1917 OF 2016 WRIT PETITION NO.1918 OF 2016 WRIT PETITION NO.1919 OF 2016 WRIT PETITION NO.1920 OF 2016 WRIT PETITION NO.1921 OF 2016 WRIT PETITION NO.1922 OF 2016 WRIT PETITION NO.1923 OF 2016 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.
Court's or Judge's orders Mr.S.M.Vibhute, advocate for the Petitioners. Mr.P.S.Patil, A.G.P for the State.
Mr.C.A.Jadhav, advocate for the Respondent No.3. CORAM : S.V.GANGAPURWALA AND A.I.S.CHEEMA,JJ.
Date : 09.03.2016.
PER COURT :
1.
Heard.
2.
Mr.Vibhute, learned counsel submits that in W.P.No.1916, 1919, 1920 and 1923 of 2016, this Court vide its order in earlier Writ Petitions filed by these very petitioners has directed the Committee to decide the validation proceedings within one year. 3.
Learned counsel for the petitioners submits that validation
proceedings in respect of all these petitioners are pending with the Committee. These petitioners are admitted in courses of medical science such as MBBS, BDS and BAMS. The notification has been issued by the University stating that where the students who are admitted in reserved category do not have validity certificate, they should bring orders from the Court for grant of eligibility or otherwise. According to the learned counsel, it is for the Committee to decide the validation proceedings. 4.
Learned counsel for the College submits that these petitioners are admitted in the College. They are submitting the proposal to the University but University does not accept the same. 5.
Mr.Jadhav, learned counsel for the University submits that in the earlier Writ Petitions when the directions are issued, the University is not a party and the notification is issued with a view to streamline the process.
6.
We have considered the submissions. All these petitioners are admitted in their respective courses. The validation proceedings in respect of their caste/tribe claim are pending with the Committee. It is not in the hands of a litigant to get the proceedings decided within the stipulated time. Of-course, they have to co-operate in early disposal of the said proceedings. 7.
Considering that validation proceedings are pending, we pass the following order :
a) The Respondent-University shall not refuse to accept the examination forms of the petitioners and shall not refrain them from prosecuting their studies only on the ground that validation proceedings are pending. The respective College and the University can take further course of action in tune with the judgment of the Committee in the validation proceedings. The Committee shall endeavour to dispose of the validation proceedings expeditiously and preferably within one year. Wherever, the earlier orders are passed directing the Committee to dispose of the proceedings, the same shall be abided by the Committee. b) The Writ Petitions are disposed of. No costs. (A.I.S.CHEEMA,J.) (S.V.GANGAPURWALA,J.) Dt.09.03.2016.
asp/office/wp1913.16