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Bombay High CourtWP/2832/2017disposed offdismissed for default

Gaurav Chandrakant Sonawane Through Natural Guardian Father C B Sonawane v. The State Of Maharashtra And Others

2017-03-02Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice K.L. Wadane3 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.2832 OF 2017 Gaurav S/o Chandrakant Sonawane Vs. The State of Maharashtra and others.

Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.B.R.Waramaa, advocate for the petitioner.

Mr.M.B.Bharaswadkar, A.G.P. for the State.

Mr.K.C.Sant, advocate for Respondent No.2.

CORAM : S.V.GANGAPURWALA AND K.L.WADANE,JJ.

Date : 02.03.2017.

PER COURT :

1.

Heard.

2.

The learned counsel for the petitioner submits that validation proceedings in respect of tribe claim of the petitioner is pending with the Committee for validation since 2013. The same is not yet decided. The Respondent Nos.2 and 3 are not declaring the result of petitioner of 2nd year M.B.B.S. examination on the ground that validity is not yet submitted. For declaration of last year's result the petitioner had to approach this Court and upon directions of this Court, the Respondents had declared the result. 3.

Mr.Sant, learned counsel for Respondent No.2 submits that

the petitioner is appointed from the reserved category, as such is required to submit the validity.

4.

According to the learned counsel for the petitioner, vigilance is already conducted.

5.

Considering above, we pass the following order : a) The petitioner shall appear before the Committee on 21.3.2017. Considering that vigilance had been conducted, the Committee shall decide the validation proceedings expeditiously, preferably within three (3) months from the date of appearance of the petitioner.

b) The Respondent Nos.2 and 3 shall not withhold the result of petitioner's examination nor shall refrain the petitioner from prosecuting further studies only on the ground that validation proceedings are pending. The Respondent Nos.2 and 3 can take further course of action depending upon the judgment that would be delivered by the Committee in the validation proceedings. c) The Writ Petition is disposed of. No costs.

(K.L.WADANE,J.) (S.V.GANGAPURWALA,J.) Dt.02.03.2017.

asp/office/wp2832.17