Yash Yuwaraj Ishi v. The Scheduled Tribe Certificate Scrutiny Committee Nandurbar And Others

1 30-WP3337-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3337 OF 2017 YASH YUWARAJ ISHI

VERSUS

THE SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE, NANDURBAR AND OTHERS -- Mr.V.B.Patil, Advocate for petitioner Mrs.M.A.Deshpande, AGP for respondent no.1 Mr.Y.B.Bolkar, Advocate for respondent no.2 -- CORAM : S.V. GANGAPURWALA AND SANGITRAO S. PATIL, JJ.

DATE : MARCH 14, 2017 PER COURT :

Heard.

2.

Mr.Patil, learned Counsel for the petitioner submits that the validation proceedings in respect of the tribe claim of the petitioner is pending with respondent no.1 - Committee since October, 2013, however, respondent no.2 has withheld the result of the petitioner for the examination of first year and second year B.E.

2 30-WP3337-17.odt Course on the ground that validation certificate is not submitted by the petitioner.

3.

It is submitted that vigilance has already been conducted.

4.

To get the validation proceedings decided is not in the hands of a litigant. We, therefore, pass following order :- (i) As vigilance has already been conducted, respondent no.1 shall decide the validation proceedings in respect of the petitioner as expeditiously as possible and preferably, within a period of four months from today. The petitioner shall appear before respondent no.2 - Committee on 30.03.2017.

(ii) The concerned respondents shall not withhold the result of the petitioner for the afore-mentioned examination and shall not refrain him from prosecuting further studies only on the

3 30-WP3337-17.odt ground that that validation proceedings are pending.

(iii) Respondent nos.3 and 4 can take further action depending upon the judgment that may be delivered in the validation proceedings.

[SANGITRAO S. PATIL, J.] [S.V. GANGAPURWALA, J.] kbp