Sarika Gangadhar Anmulwad v. The State Of Maharashtra And Others

1 W.P. No. 3266/2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 951.

WRIT PETITION No. 3266 of 2020 Sarika Gangadhar Anmulwad

...Petitioner

VERSUS

The State of Maharashtra and others

...Respondents

Mr. P.V. Jadhavar, Advocate for petitioner Mrs. V.N. Patil-Jadhav, Asstt.Govt.Pleader for respondents No.1 & 2 C ORAM : S.V. GANGAPURWALA & SHRIKANT D. KULKARNI , JJ.

DATE : 26th February, 2020 ORDER :

1.

The learned Asstt. Govt. Pleader submits that though the notices were issued twice, the petitioner has not filed her say to the vigilance report.

2.

Mr. Jadhavar, learned Counsel for the petitioner, submits that the validation proceeding in respect of tribe claim of the petitioner is pending with respondent No.2-the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, since the year 2015. 3.

The learned Counsel further submits that the result of Third (II) year MBBS Course Exam. of the petitioner is withheld on the ground that the validity certificate of the tribe certificate is not submitted.

4.

In the light of the above, we pass the following order:

2 W.P. No. 3266/2020 I.

Respondent No.2-the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, shall decide the validation proceedings in respect of the tribe claim of the petitioner, within a period of six months from the date of appearance of the petitioner.

II.

The petitioners shall appear before the Committee on 16th March 2020 and file her say to the vigilance report and co-operate to dispose of the validation proceedings. III.

Respondents No.3 & 4 shall not withhold the result of the petitioner's examination only on the ground that the validity proceeding is pending. If the petitioner is otherwise eligible, then the respondents shall allow the petitioner to prosecute her further studies and shall not be restrained from prosecuting the further studies only on the ground that the validation proceeding is pending. Respondents No.3 and 4 may take further course of action depending upon the decision of the Scrutiny Committee on the tribe claim of the petitioner.

5.

The writ petition is accordingly disposed of. No costs. ( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA ) JUDGE JUDGE Madkar