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Bombay High CourtWP/2253/2016admittedallowedgrantedrule absolute

Ashwini Gangadhar Bhandewad v. Scheduled Tribe Certificate Scrutiny Committee Through Its Member Secretary And Others

2016-03-28Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice K. K. Sonawane5 pages

1 W.P.No.2253/16 with W.P.No.2260/16 UNREPORTED

IN THE HIGH COURT OF JUDICATURE AT

BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.2253 OF 2016 Ashwini Gangadhar Bhandewad, Age 18 years, Occ.Education, R/o Marwali, Tq.Naigaon, Dist.Nanded.

... Petitioner.

Versus

1. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, through its Member Secretary.

2. Indira Gandhi Government Medical College, Central Avini Road,Nagpur, through its Dean.

3. Maharashtra University of Health Sciences, Nashik, Dindori Road, Nashik, Dist.Nashik, through its Registrar.

... Respondents.

...

Mr.S.S.Phatale, advocate for the petitioner.

Mr.P.S.Patil, A.G.P for the State Mr.S.B.Bhosale, advocate for Respondent No.3. WITH WRIT PETITION NO.2260 OF 2016.

2 W.P.No.2253/16 with W.P.No.2260/16 Shashikant Vaijinath Suryawanshi, Age 18 years, Occ.Education, R/o Ambajogai, Tq.Ambajogai, Dist.Beed.

... Petitioner.

Versus

1. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad through its Member Secretary.

2. Government Medical College, Akola, through its Dean.

3. Maharashtra University of Health Sciences, Nashik, Dindori Road, Nashik, Dist.Nashik through its Registrar.

... Respondents.

...

Mr.S.S.Phatale, advocate for the petitioner.

Mr.A.M.Phule, A.G.P for the State Mr.S.B.Bhosale, advocate for Respondent No.3. CORAM : S.V.GANGAPURWALA AND A.I.S.CHEEMA,JJ.

Date : 28.03.2016.

ORAL JUDGMENT (Per S.V.Gangapurwala,J.) 1.

Heard.

2.

Rule. Rule returnable forthwith. With the consent of the parties taken up for final hearing.

3 W.P.No.2253/16 with W.P.No.2260/16 3.

It is submitted that validation proceedings in respect of the tribe claim of the petitioners are pending with the Respondent Committee. This Court vide interim order has protected the petitioners.

4.

Considering the above, we pass the following order :

a) The Committee shall decide the validation proceedings in respect of the Tribe claim of the petitioners expeditiously and preferably within one year. The petitioners shall cooperate in expeditious disposal of the said proceedings b) Till the validation proceedings in respect of the tribe claim of the petitioners are pending with the Committee, the Respondent College and University shall not take any adverse action against the petitioners only on the ground that validation proceedings are pending. The Respondent-College and University can take further course of action in tune with the

4 W.P.No.2253/16 with W.P.No.2260/16 judgment of the Respondent-Committee in validation proceedings.

c) Rule accordingly made absolute in above terms. No costs.

Sd/- Sd/- (A.I.S.CHEEMA,J.) (S.V.GANGAPURWALA,J.) asp/office/wp2253.16

5 W.P.No.2253/16 with W.P.No.2260/16