Komal Dattatraya Bhosale Through Father Dattatraya Vitthal Bhosale v. The State Of Maharashtra And Others

( 1 ) wp 2368.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2368 OF 2018 Komal Dattatraya Bhosale Through Father Dattatraya Vitthal Bhosale ..

Petitioner

Versus

The State of Maharashtra and others ..

Respondents Shri. S.M. Vibhute, Advocate for the Petitioner. Smt. A.V. Gondhalekar, Adll.G.P. for Respondent No. 1, 2 and 4. Shri. K.M. Suryawanshi, Advocate for Respondent No. 3. CORAM : S.V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATED : 28 th February, 2018 PER COURT:

.

The learned counsel for the petitioner submits that the validation proceeding is pending with Respondent No. 4- Committee. The petitioner had appeared for II year M.B.B.S. winter course exam. The result is withheld only on the ground that the validation proceeding is pending. 2.

The learned Additional Government Pleader accepts notice for Respondent Nos. 1, 2 and 4. Mr. Suryawanshi, the learned advocate

( 2 ) wp 2368.18 accepts notice for Respondent No. 3.

3.

Considering the fact that validation proceeding is pending and the vigilance is conducted in sister's validation proceeding, we pass the following order.

4.

The Respondent No. 4/Committee shall decide the validation proceeding in respect of the tribe claim of the petitioner expeditiously and preferably within a period of 4 months from the date of appearance of the petitioner. The petitioner shall appear before the committee on 12.03.2018.

5.

The Respondent Nos. 2 and 3 shall not withhold the result of the petitioner's exam only on the ground that the validation proceeding is pending. If, the petitioner is otherwise eligible, the petitioner's admission to III year M.B.B.S. course may not be refused only on the ground that the validation proceeding is pending. The writ petition is disposed of. No costs.

[ A. M. DHAVALE, J. ] [ S. V. GANGAPURWALA, J. ] ass/wp 2368.18