Sana Rahim Tamboli v. The State Of Maharashtra And Others

1 wp 3213.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3213 OF 2016 Sana Rahim Tamboli .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri V. S. Panpatte, Advocate h/f Shri Irfan D. Maniyar, Advocate for the Petitioner.

Shri P. N. Kutti, A.G.P. for Respondent Nos. 1, 3 and 4. Shri K. M. Suryawanshi, Advocate for the Respondent No. 2. CORAM : S. V. GANGAPURWALA AND A. I. S. CHEEMA, JJ.

DATE : 17TH MARCH, 2016.

PER COURT :

.

Issue notice to respondents. The learned A. G. P. waives notice for respondent Nos. 1, 3 and 4. Mr. Suryawanshi, the learned counsel waives notice for the respondent No. 2. 2.

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

It is submitted that, validation proceeding in respect of caste claim of the petitioner as belonging to Tamboli (Other Backward Caste) is pending with the Committee since December 2015. The respondents are not accepting the examination form of the petitioner on the ground that validation proceeding is

2 wp 3213.16 pending.

4.

Considering the above, we pass 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 one (01) year from today. The petitioner shall co-operate in expeditious disposal of the validation proceedings. The respondent Nos. 2 and 3 shall not refuse to accept the examination form of the petitioner and shall not refrain the petitioner from prosecuting further studies only on the ground that validation proceeding is pending. The respondent Nos. 2 and 3 can take further course of action in tune with the judgment delivered by the respondent No. 4/Committee. The writ petition is disposed of. No costs.

6.

The parties to act on authenticate copy.

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