Satyanarayan Laxmanrao Laxman Andelwar v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2504 OF 2016 Satyanarayan S/o Laxmanrao @ Laxman Andelwar, Age : 20 Years, Occu. : Student, R/o. : Palaj, Taluka : Bhokar, District : Nanded .. Petitioner

Versus

1.

The State of Maharashtra, Through its Secretary, Medical Education and Drugs Dept., Mantralaya, Mumbai - 32 2.

The Committee for Scrutiny and Verification of Tribe Claims, Through its Dy. Director (Research), Aurnagabad, Division Aurangabad 3.

The Maharashtra University of Health Sciences, Nasik, Dindori Road, Mhasrul, District : Nasik 4.

The Government Medical College, Through its Registrar, Aurangabad .. Respondents Shri Arun H. Koralkar, Advocate for the Petitioner. Shri P. S. Patil, A. G. P. for Respondent Nos. 1, 2 and 4. Shri Anandsing Bayas, Advocate for the Respondent No. 3. CORAM : S. V. GANGAPURWALA A. I. S. CHEEMA, JJ.

DATE : 07TH MARCH, 2016.

2 wp 2504.16 ORAL JUDGMENT (Per S. V. Gangapurwala, J) :- .

Rule. Rule returnable forthwith. With the consent of the parties taken up for final hearing.

3.

Mr. Koralkar, the learned counsel for the petitioner submits that, the petitioner is admitted in the M. B. B. S. course from reserved category. The proceedings for validation in respect of the tribe claim of the petitioner is pending with the respondent/Committee, however, the respondent No. 3 has withheld the result of the petitioner on the ground that validity is not submitted. Mr. Bayas, the learned counsel appears for the respondent No. 3 and submits that, in absence of the validity being submitted the respondent No. 3 has rightly withheld the result.

4.

Mr. Patil, the learned A. G. P. states that, the matter is referred to the vigilance of the Committee.

5.

Considering the fact that, the validation proceedings are pending and the petitioner has already appeared for the second year M. B. B. S. course, we pass the following order. 6.

The respondent Nos. 3 and 4 shall not withhold the result of the petitioner of the examination only on the ground that validation proceedings are pending, so also, shall not refrain the

3 wp 2504.16 petitioner from prosecuting further studies only on the said ground. The respondent No. 2/Committee shall decide the validation proceedings in respect of tribe claim of the petitioner expeditiously and preferably within a period of nine (9) months from today.

Rule accordingly is made absolute in above terms. No costs.

Sd/- Sd/- [ A. I. S. CHEEMA, J. ] [ S. V. GANGAPURWALA, J. ] bsb/March 16