Priyanka Laxman Boinwad v. The State Of Maharashtra Through Its Principal Secretary And Others

81 WP.2880.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

81 WRIT PETITION NO.2880 OF 2023 PRIYANKA LAXMAN BOINWAD

VERSUS

THE STATE OF MAHARASHTRA, THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. A. B. Kharosekar. AGP for Respondent/State : Mr. S. K. Tambe.

Advocate for Respondent No.2 : Mr. S. P. Brahme. ...

CORAM :

RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.

DATE :

16th March, 2023.

Per Court:

1.

The learned AGP representing the competent committee submits, on instructions, that the pending proposal of the Petitioner seeking validation of her "Koli Mahadev" Tribe Certificate, would be decided by 31st May, 2023.

2.

The Petitioner has prayed for issuance of the internship certificate and the passing certificate. She has completed B.A.M.S. course from Respondent No.3 College. A statement is made in the light of the pleadings in the memo, that the entire fees of the college have been paid and until she gets a validity certificate, she would not take advantage of the claim of belonging to the reserved category and would pay entire fees of any course, which she may choose at the PG level.

81 WP.2880.2023.odt 3.

Considering the above, we direct the Petitioner to tender an affidavit undertaking in this court and a copy to Respondent No.3 college, on or before 31st March, 2023, stating therein as under :- a) If the Petitioner does not succeed in this litigation for seeking a validity certificate, she would return all the marks memo and other documents and she would disassociate herself from the medical profession. b) She would clear the entire fees of Respondent No.3, if pending / due and if she takes admission to any PG course, she would compete from the open category and pay entire fees of the college.

c) On the condition of filing an affidavit undertaking, Respondent No.2 University would issue the passing certificate to the Petitioner and Respondent No.3 College would issue the internship certificate, within 30 days from today, only after tendering the affidavit. 4.

In view of the above, this Petition is disposed off. [ SANJAY A. DESHMUKH, J. ] [ RAVINDRA V. GHUGE, J. ] nga