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Bombay High CourtCA/3361/2018disposed offdismissed for default

Monika Mahavir Hugge v. The State Of Maharashtra And Others

2018-03-09Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale2 pages

W.P.4928/2017 (921)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.4928 OF 2017 WITH CIVIL APPLICATION NO.3361 OF 2018 Monika Mahavir Hugge .. Petitioner

Versus

The State of Maharashtra and anr.

.. Respondents Mr P.V. Jadhavar, Advocate for petitioner Mr A.V. Deshmukh, AGP for respondent no.1 and 2 Mr K.C. Sant, Advocate h/f Mr S.V. Mundhe, Advocate for respondent no.4 CORAM : S.V. GANGAPURWALA & A.M. DHAVALE, JJ Date : 9th March 2018 PER COURT 1.

It is submitted that the validation proceeding in respect of the tribe claim of the petitioner is pending since March 2014. The learned Counsel for the petitioner submits that even vigilance is not conducted as yet.

2.

The learned Counsel for the petitioner submits that the petitioner was allowed to appear for First Year B.A.M.S. Examination. However, the result of the petitioner is withheld on the ground that the validity certificate is not submitted.

3.

Considering the above, we pass the following order: (a) The Committee shall decide the validation proceedings in respect of the tribe claim of the petitioner expeditiously, preferably within eight months from the date of appearance of the petitioner.

W.P.4928/2017 (921) (b) The petitioner shall appear before the Committee on 22nd March 2018. The petitioner shall co-operate in expeditious disposal of the validation proceeding.

(c) The respondents no.3 and 4 shall not withhold the result of the petitioner of First Year B.A.M.S. Examination, only on the ground that the validation proceeding is pending.

(d) If the petitioner is otherwise eligible, the respondents no.3 and 4 shall not refrain the petitioner from prosecuting the studies of Second Year B.A.M.S.

(e) The respondents no.3 and 4 shall take appropriate decision, depending upon the judgment that would be delivered by the Committee.

4.

Writ Petition disposed of. No costs.

5.

In view of disposal of the Writ Petition, Civil Application no.3361 of 2018 stands disposed of.

( A.M. DHAVALE, J.) ( S.V. GANGAPURWALA, J.) vvr