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Bombay High CourtWP/3181/2017disposed offdismissed for default

Supriya Gokul Sonawane v. The State Of Maharashtra And Others

2017-03-09Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice K.L. Wadane4 pages

1 WP 3181/17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3181 OF 2017 Supriya Gokul Sonawane Petitioner V E R S U S The State of Maharashtra, Through its Secretary, the Department of Technical Education, Mantralaya, Mumbai & three others Respondents Mr. Deepak K. Rajput, Advocate for the petitioner Mr. M.A. Deshpande, A.G.P. for the respondent/State Mr. K.C. Sant, Advocate for respondent No.3 CORAM : S.V.GANGAPURWALA AND K.L. WADANE, JJ.

DATE : 9th MARCH, 2017 PER COURT :

1.

Learned counsel for the petitioner submits that the validity proceedings in respect of Tribe claim of the petitioner is pending since the year 2011. However, the respondents are not issuing marksheets of the final year M.B.B.S. Examination of the petitioner.

2 WP 3181/17 2.

Learned A.G.P., on instructions, states that the said proceeding can now be decided within one month.

3.

We have heard the learned counsel for respondent No.3.

4.

Considering the above facts, we proceed to pass following order :-

O R D E R

(a) Respondent No.2 shall decide the validation proceedings in respect of Tribe claim of the petitioner expeditiously and preferably within two months from today.

(b) The petitioner shall appear before the Committee on 23rd March, 2017.

3 WP 3181/17 (c) Respondent Nos.3 and 4 shall not withhold the result of the petitioner's examination only on the ground that the validation proceedings of the petitioner is pending.

(d) In case Tribe claim of the petitioner is invalidated, then the petitioner shall pay the full fees to the University i.e. as per the open category candidate. The petitioner shall submit undertaking to respondent Nos.3 and 4 in that respect.

(e) Subject to the undertaking of the petitioner and if there is no other legal impediment, respondent Nos.3 and 4 shall issue mark-sheet to the petitioner of her final year M.B.B.S.

Examination and other necessary documents to enable her to join the internship, if she is otherwise eligible. Of course, respondent Nos. 3 and 4 can take further course of action depending upon the Judgment delivered by the Committee.

4 WP 3181/17 (f) In view of above, Writ Petition is disposed of. No costs.

(g) Parties to act on the authenticated copy of this order.

( K.L. WADANE, J.) ( S.V. GANGAPURWALA, J. ) SRM/9/3/17