Akash Tukaram Boinwad v. The State Of Maharashtra And Others

1 wp 3202.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3202 OF 2016 Akash Tukaram Boinwad .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Sunil M. Vibhute, Advocate for the Petitioner. Shri P. N. Kutti, A.G.P. for Respondent Nos. 1, 2 and 4. Shri C. A. Jadhav, Advocate for the Respondent No. 3. CORAM : S. V. GANGAPURWALA AND A. I. S. CHEEMA, JJ.

DATE : 17TH MARCH, 2016.

PER COURT :

.

Issue notice to respondents. The learned Assistant Government Pleader waives notice for respondent Nos. 1, 2 and

4. Mr. Jadhav, the learned counsel waives notice for the respondent No. 3.

2.

We have heard the learned counsel for respective parties. 3.

The grievance of the petitioner is that, the petitioner has taken admission to B.A.M.S. course. The proposal seeking validation in respect of tribe claim of the petitioner is pending with the Committee since 2013, still the notice has been issued

2 wp 3202.16 by the college directing the petitioner to bring orders from the Court. It is stated that, same is pursuant to the directions issued by the University.

4.

Considering the above, we pass the following order. 5.

The respondent No. 4/Committee shall decide the validation proceedings in respect of tribe claim of the petitioner expeditiously and preferably within a period of nine (09) months from today. The petitioner shall co-operate in expeditious disposal of the said proceedings. Till the validation proceedings are decided, the respondents shall not refrain the petitioner from prosecuting further studies only on the ground that validation proceedings are pending. Of course, the respondent Nos. 2 and 3 can take further action in tune with the judgment delivered by the Committee. The impugned communication as such is quashed and set aside. The writ petition accordingly is disposed of. No costs.

[ A. I. S. CHEEMA, J. ] [ S. V. GANGAPURWALA, J. ] bsb/March 16