Onkareshwari Ashokrao Lankewad v. The State Of Maharashtra And Others

( 1 ) wp 3120.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3120 OF 2018 Onkareshwari Ashokrao Lankewad ..

Petitioner

Versus

The State of Maharashtra and others ..

Respondents Shri. Sunil M. Vibhute, Advocate for the Petitioner. Shri. S. G. Karlekar, A.G.P. for Respondent Nos. 1, 2 and 4. Shri. K. C. Sant, Advocate for the Respondent No. 3. CORAM : S.V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATED : 26 th March, 2018 PER COURT:

.

The validation proceeding in respect of the tribe claim of the petitioner is pending. The petitioner has appeared for final year B.A.M.S. examination. The result is withheld only on the ground that the validity certificate is not submitted. The learned counsel submits that, after declaration of result of final year the petitioner will have to undergo internship for one (1) year.

( 2 ) wp 3120.18 2.

The learned Assistant Government Pleader accepts notice for Respondent Nos. 1, 2 and 4. Mr. Sant, the learned advocate accepts notice for Respondent No. 3.

3.

Considering the fact that the validation proceeding is pending, we pass the following order.

4.

The Respondent No. 4 shall decide the validation proceeding in respect of the tribe claim of the petitioner, expeditiously and preferably within a period of six (6) months from the date of appearance of the petitioner. The petitioner shall appear before the Committee on 03.04.2018. The Respondent Nos. 2 and 3 shall not withhold the result of the petitioner's examination, only on the ground that the validation proceeding is pending. If the petitioner is otherwise eligible, then the petitioner shall not be refrained from prosecuting internship. However, the degree certificate shall not be issued to the petitioner, until the petitioner produces the validity certificate. The writ petition is disposed of. No costs.

[ A. M. DHAVALE, J. ] [ S. V. GANGAPURWALA, J. ] ass/wp 3120.18