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Bombay High CourtWP/2488/2015disposed offdismissed for default

Sangita Dhondiram Gunture v. State Of Maharashtra And Others

2015-03-04Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.L. Achliya4 pages

IN THE HIGH COURT OF JUDICATURE AT

BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.2488 OF 2015.

Sangita D/o Dhondiram Gunture ... Petitioner.

Versus

The State of Maharashtra and others.

... Respondents.

...

Mr.S.M.Vibhute, advocate for the Petitioner. Mr.A.S.Shinde, Asstt. Govt. Pleader for the State.

Mr.K.C.Sant, advocate for the Respondent No.3. Mr.K.D.Bade Patil, advocate for Respondent No.4. ...

CORAM : S.V.GANGAPURWALA & V.L.ACHLIYA,JJ.

Date : 04.03.2015.

PER COURT :

1.

Issue notice to respondents. Learned AGP waives notice for respondent No.1 and 2 . Shri Sant, learned counsel waives notice for respondent No.3. Mr. K.D.Bade Patil, learned counsel waives notice for

respondent No.4.

2.

Validation proceedings in respect of the caste claim of the petitioner is pending consideration with the committee. The proposal is forwarded in the Month of January 2014. However, the Respondent No.2 has issued notice that the University of Health Sciences has not accepted the registration and eligibility proposal for want of validity certificate.

3.

Learned counsel for the Committee states that it would take some time to decide the said proceedings. 4.

Considering above, we pass following order.

O R D E R

i] The respondent No.4 Committee shall decide the validation proceedings in respect of the Tribe Claim of the petitioner, expeditiously and preferably within ONE YEAR. The petitioner shall co-operate in expeditious disposal of the said proceeding.

ii] Till the respondent No.4 decides the validation

proceedings the petitioner shall be allowed to prosecute his studies and only on the ground that validation proceedings are pending shall not be dissuaded from prosecuting his studies.

iii] Respondents shall not refrain the petitioner from appearing for the examination only on the ground that validity proceedings are pending.

5.

Writ petition is disposed of. No costs.

(V.L.ACHLIYA,J.) (S.V.GANGAPURWALA,J.) asp/office/wp2488.15