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Bombay High CourtWP/6346/2021disposed off

Girish Balwantrao Pakalwad v. The State Of Maharashtra

2021-05-07Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 WRIT PETITION NO. 6346 OF 2021 WITH CIVIL APPLICATION NO. 4820 OF 2021 GIRISH BALWANTRAO PAKALWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. M.A. Golegaonkar AGP for Respondents-State: Mr. S. B. Yawalkar Advocate for Respondent no.3 : Mr. K. C. Sant AND 918 WRIT PETITION NO.6351 OF 2021 SHRAWANI VITTHAL GONEWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. M.A. Golegaonkar AGP for Respondents-State: Mr. S. P. Tiwari Advocate for Respondent no.3 : Mr. K. C. Sant ...

CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 7th MAY , 2021.

...

PER COURT :

1.

The grievance of the petitioners is that the tribe validation proceedings are pending with the scrutiny committee. The result of the fnal year MBBS examination is withheld only on the ground that the validation proceedings are pending. The

petitioners require to complete their internship also. 2.

It is trite that unless the internship is completed, no right would be created in favour of the petitioners. The validation proceedings are pending.

3.

In view of above, we pass following order :

ORDER

I) The respondent no.2 committee shall decide the validation proceedings in respect of tribe claim of the petitioners expeditiously, preferably within a period of 6 months from the date of appearance of the petitioners.

II) The petitioners shall appear before the committee on 17th June, 2021.

III) Respondent nos. 3 & 4 shall not withhold the result of the petitioners fnal year MBBS examination only on the ground that validation proceedings are pending. In case the petitioners are otherwise eligible, then the petitioners may not be refrained from prosecuting their internship.

IV) The respondents may take further course of action depending upon judgment that would be delivered by the

committee in the validation proceedings.

V) Writ Petitions are disposed of.

VI) In view of disposal of writ petitions, civil application also stands disposed of.

(SHRIKANT D. KULKARNI, J.) (S. V. GANGAPURWALA, J.) vsm/-