Shriniwas Dhondiba Waghmode v. The State Of Maharashtra And Others
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.2225/2016 Shriniwas s/o Dhondiba Waghmode Age 19 years, Occu-Student R/o Koliwada, Mushidapur Tq. Lohara, Dist.Osmanabad.
... PETITIONER Mantralaya, Mumbai-32.
The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad The Dean/Principal, Smt.Kashibai Nawale Medical College and Hospital, Survey No.49/1 Narhe (Ambegaon Bk), Near Mumbai Pune-Bypass, Pune 411 041.
-2- ....
Mr.P.V.Jadhavar,Advocate for petitioner Mr.P.S.Patil, AGP for respondents No.1 and 2. Respondent No.3 is served Mr.S.B.Bhosale, Advocate for respondent no.4. ....
WRIT PETITION NO.2226/2016 Vedkumar s/o Hanmanlu Ghantaji Age 18 years, Occu-Student R/o Arjapur, Tq. Biloli Dist.Nanded.
.. PETITIONER Mantralaya, Mumbai-32.
The Scheduled Tribe Certificate Scrutiny
-3Committee, Aurangabad The Dean/Principal, Topiwala National Medical College and Nayar Hospital, Campus Mumbai 400008.
...
Mr.P.V.Jadhavar,Advocate for petitioner Mr.V.M.Kagne, AGP for respondents No.1 and 2. Mr.S.B.Bhosale, Advocate for respondent no.4. ...
WRIT PETITION NO.3513/2016 Anusha Balaji Govindwad Age 19 years, Occu-Student U/g of her brother namely Akhilesh Balaji Govindwad Age 24 years, Occ-Student R/o Bhokar, Ta. Bhokar Dist.Nanded.
.. PETITIONER
-4Mantralaya, Mumbai-32.
The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad The Dean/Principal, Government Ayurvedik College Nanded.
...
Mr.A.V.Indrale Patil,Advocate for petitioner Mr.V.H.Dighe, AGP for respondents No.1 and 2. Mr.K.C.Sant, Advocate for respondent no.4.
...
WRIT PETITION NO.3514/2016 Shital D/o Ravi Pakalwad Age 19 years, Occu-Education R/o Islapur, Tq. Kinwat
-5Dist.Nanded.
.. PETITIONER Mantralaya, Mumbai.
The Dean, Government Dental College, Aurangabad, Dist.Aurangabad The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad Aurangabad.
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Mr.S.M.Vibhute,Advocate for petitioner Mr.A.G.Magare, AGP for respondents No.1 and 2 & 4 Mr.C.A.Jadhav,Advocate for Respondent No.3 ...
-6WRIT PETITION NO.3516/2016 Shweta d/o Dattaram Mirzapure Age 20 years, Occu-Student R/o Somesh Colony, Kala Mandir Nanded Tq. & Dist.Nanded.
..PETITIONER Mantralaya, Mumbai-32.
The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad The Dean/Principal, Nayar Hospital Dental College Municipal Corporation of Greater Mumbai 400008.
-7- ...
Mr.P.V.Jadhavar,Advocate for petitioner Mr.P.S.Patil, AGP for respondents No.1 and 2. Mr.S.B.Bhosale, Advocate for respondent no.4. ...
WRIT PETITION NO.3517/2016 Shrawani d/o Vithal Gonewad Under Guardian of father Vithal s/o Nagnath Gonewad Age 46 years, Occ-Service R/o Wadi (Bk),Tq.& Dist.Nanded.
.. PETITIONER Mantralaya, Mumbai-32.
The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad The Dean/Principal, Government Medical College Latur.
-8- ...
Mr.P.V.Jadhavar,Advocate for petitioner Mr.V.M.Kagne, AGP for respondents No.1 and 2. Mr.K.M.Suryawanshi, Advocate for respondent no.4. ...
CORAM : A. V. NIRGUDE & V. L. ACHLIYA, JJ.
DATED : 29TH MARCH, 2016 PER COURT :
Rule. Rule made returnable forthwith. With consent of parties, taken up for final hearing.
As the grievance raised in these group of petitions is similar, the petitions are taken up for disposal by common judgment and order.
The tribe/caste claims of the petitioners are pending consideration with the committee. The petitioners have been given admission to M.B.B.S./B.D.S./B.A.M.S. Course in respondentcolleges. The learned counsel for the petitioners submit that the respondent college has directed the petitioners to produce validity certificate and unless the same is produced, the petitioners would not get eligibility and will not be allowed to appear for examination. The
-9learned counsel for the committee submits that because of the large pendency of matters, it would take some time to decide the proposals.
We have heard learned counsel for the respondents who submit that in absence of validity being produced, the petitioners cannot be allowed to prosecute their further studies. 5] We have considered the submissions canvassed by the learned counsels for the respective parties.
6] To get the proceedings decided within stipulated period is not in the hands of litigant. The learned counsel for the committee states that it would take some time to decide the proceedings. In the light of above, we pass following order :
I] The petitioners shall appear before the committee on 13th June, 2016.
II] The respondent committee shall make efforts to dispose of the claims of the petitioners on or before 31st December, 2016. The petitioners shall extend full cooperation to the committee in disposal of their claims. III] Till the validation proceedings in respect of tribe claims of the petitioners is decided, the petitioner would not be refrained from prosecuting their studies and appearing for examinations. Further steps can be taken in tune with the judgment of the committee in the validation proceedings.
-10IV] Till the validation proceedings are decided, the respondents shall not insist the petitioners for payment of fees as applicable to the candidates from open category, however, the same shall be subject to the decision of the committee in the validation proceedings.
V] However, in case petitioners do not appear before the committee on the stipulated date and failed to cooperate with committee in expeditious disposal of their respective claims the reliefs granted in terms of clause (iii) and (iv) shall stand recalled and vacated.
Rule is accordingly made absolute in above terms. Writ Petitions are accordingly disposed of in above terms. No costs. Parties to act on authenticate copy. (V. L. ACHLIYA, J.) (A. V. NIRGUDE, J.) umg/