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Bombay High CourtWP/2632/2018disposed offdismissed for default

Tadvi Nazifa Khanam Sajid Khan 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.No.2632/2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.2632 OF 2018 Tadvi Nazifa Khanam d/o Sajid Khan .. Petitioner

Versus

The State of Maharashtra and ors.

.. Respondents Mr Shaikh Mazhar A.Jahagirdar, Advocate for petitioner Mrs M.A. Deshpande, A.G.P. for respondents no.1 & 2 Mr K.C. Sant, Advocate h/f Mr S.V. Mundhe, Advocate for respondent no.3 CORAM : S.V. GANGAPURWALA & A.M. DHAVALE, JJ Date : 9th March 2018 PER COURT 1.

The learned A.G.P. accepts notice for respondents No.1 and 2. Mr.Sant, learned counsel waives notice for respondent No.3. 2.

The grievance of the petitioner is that validation proceeding is pending. However, petitioner is not allowed to appear for first year B.D.S. examination on the ground that the validity certificate is not submitted.

3.

In view of the above, we pass the following order :- i) Respondent No.2 Committee shall decide the validation proceeding in respect of the tribe claim of the petitioner expeditiously, preferably within eight months from the date of appearance of the petitioner.

ii) The petitioner shall appear before the Committee on 22nd March, 2018.

W.P.No.2632/2018 iii) Respondents No. 3 and 4 shall not refuse to accept the examination form of the petitioner only on the ground that validation proceeding is pending.

iv) In case the petitioner is otherwise eligible, the petitioner shall not be refrained from prosecuting the study of the B.D.S. for the next year Course only on the ground that the validation proceeding is pending.

v) The petitioner shall co-operate in expeditious disposal of the validation proceeding.

4.

The writ petition is accordingly disposed of. No costs. ( A.M. DHAVALE, J.) ( S.V. GANGAPURWALA, J.) vvr