Shaikh Khajamainodin Susasab v. The State Of Maharashtra And Others

1 Sr917WP2764.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

WRIT PETITION NO. 2764 OF 2018 Shaikh Khajamainodin S/o Musasab ... Petitioner

VERSUS

The State of Maharashtra & Ors.

... Respondents ..........

Mr Sunil M. Vibhute, Advocate for the petitioner Mr P. S. Patil, AGP for respondent/State Mr Dhananjay Deshpande, Advocate for respondent No. 6 .............

CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 14TH MARCH, 2018.

ORDER:

1.

Issue notice to the respondents. Learned Assistant Government Pleader accepts notice for respondents No. 1 to 4. Mr Dhananjay Deshpande, learned counsel waives service of notice for respondent No. 6.

2.

It is submitted that, the validation proceeding is pending since the year 2014. The respondents are demanding full fees and are not issuing the examination form to the petitioner for two subjects of the first year.

2 Sr917WP2764.2018 3.

Considering the above, we pass the following order.

ORDER

(i) The Committee shall decide the proceeding within six months from the date of appearance of the petitioner. (ii) The petitioner shall appear before the Committee on 26.03.2018.

(iii) The respondents shall not refuse to issue examination form to the petitioner nor shall refrain the petitioner from prosecuting the studies only on the ground that the validation proceeding is pending.

(iv) The respondents shall not insist for full fees only on the ground that the validation proceeding is pending. (v) The Committee shall take further course of action depending upon the judgment that would be delivered by the Committee.

(vi) The Committee shall adhere to the directions issued by this Court in the earlier Writ Petition No. 11221 of 2017 decided by this Court vide order dt. 14.09.2017. [ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE Punde