Diksha Vinayakrao Kogurwar v. The State Of Maharashtra And Others

1 W.P.No.2817/16 UNREPORTED

IN THE HIGH COURT OF JUDICATURE AT

BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.2817 OF 2016.

Diksha D/o Vinayakrao Kogurwar, Age 20 years, Occ.student, R/o Madnapur, Tq. Mahur, Dist.Nanded.

... Petitioner.

Versus

1. The State of Maharashtra, through it's Secretary, Medical Education and Drugs Department, Mantralaya, Mumbai-32.

2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, through its Deputy Director - R,

3. The Dean/Principal, Topiwala National Mdical College and Nayar Hospital Campus, Mumbai-400 008.

4. The Registrar, Maharashtra University of Health Sciences,Nashik, Dindori Road, Nashik, Tq. and Dist.Nashik.

... Respondents.

...

2 W.P.No.2817/16 Mr.P.V.Jadhavar, advocate for the petitioner. Mr.A.G.Magare, A.G.P for the State.

Mr.A.K.Tiwari, advocate for Respondent No.3.

Mr.C.A.Jadhav, advocate for Respondent No.4.

...

CORAM : S.V.GANGAPURWALA AND A.I.S.CHEEMA,JJ.

Date : 09.03.2016.

ORAL JUDGMENT (Per S.V.Gangapurwala,J.) 1.

Heard.

2.

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

3.

Mr.Magare, learned A.G.P waives notice for Respondent Nos.1 and 2.

4.

Mr.Tiwari, learned counsel waives notice for Respondent No.3.

5.

Mr.Jadhav, learned counsel waives notice for Respondent No.4.

6.

The grievance is that though the petitioner has been admitted to the first year

3 W.P.No.2817/16 MBBS course and the College has forwarded the proposal to the University, the University is not accepting the same. This Court vide order dated 19.6.2015 in W.P.No.6149/2015 had directed the Committee to decide the proceedings within one year and had also directed the Respondents therein not to insist for validity while accepting the preference form.

7.

The University shall not refuse to accept the proposal forwarded by the College in respect of the petitioner only on the ground that validation proceedings are pending.

The Respondent Nos.3 and 4 can take further course of action in tune with the judgment of the Validation Committee.

Till the validation proceedings are pending, the Respondents shall not refrain the petitioner from prosecuting the studies only on the ground that validation proceedings are pending.

8.

Rule accordingly made absolute in above

4 W.P.No.2817/16 terms. No costs.

Sd/- Sd/- (A.I.S.CHEEMA,J.) (S.V.GANGAPURWALA,J.) asp/office/wp2817.16

5 W.P.No.2817/16