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Bombay High CourtWP/2203/2018disposed offdismissed for default

Pradnya Kalyanrao Kshirsagar v. Scheduled Tribe Certificate Scrutiny Committee Aurangabad Through Its Member Secretary And Others

2018-02-24Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale3 pages

1 Sr914 WP2203.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

WRIT PETITION NO. 2203 OF 2018 Pradnya D/o Kalyanrao Kshirsagar ... Petitioner

VERSUS

Scheduled Tribe Certificate & Ors.

... Respondents ..........

Mr Sagar S. Phatale, Advocate for the petitioner Mrs A. V. Gondhalekar, AGP for respondent/State .............

CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 24TH FEBRUARY, 2018.

ORDER:

1.

Mr Phatale, the learned counsel for the petitioner submits that, the validation proceedings in respect of the tribe claim of the petitioner is pending with the Committee since December - 2016. The result of the petitioner's first year BAMS examination is withheld on the ground that the validity is not submitted. 2.

The learned Asst. Government Pleader accepts notice for respondent No. 1 and Mr Sant, learned counsel waives service of notice for respondent No. 3.

2 Sr914 WP2203.2018 3.

We have heard the learned counsel for the petitioner and learned Asst. Government Pleader for the respondent. 4.

Considering the fact that, the validation proceeding is pending and the petitioner has given the examination of first year BAMS and that the course is of four years, we pass the following order.

ORDER

(i) The respondent No. 1 - Committee shall decide the validation proceeding in respect of the tribe claim of the petitioner expeditiously, preferably within nine months from today. (ii) The petitioner shall cooperate in expeditious disposal of the proceeding.

(iii) The petitioner shall appear before the Committee on 08.03.2018.

(iv) The respondent shall not withhold the result of the petitioner only on the ground that the validation proceeding is pending.

3 Sr914 WP2203.2018 (v) The respondent may take further course of action depending upon the judgment that would be delivered by the Committee in the validation proceeding.

5.

The writ petition is accordingly disposed of. No costs. [ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE Punde