Madhat Masroor Maqsood Khan v. Maharashtra University Of Health Sciences Nashik And Others

1 63-WP-3797-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3797 OF 2020 Madhat D/o Maqroor Maqsood Khan

...Petitioner

Versus

Maharashtra University of Health Sciences, Nashik and Ors.

...Respondents

Mr S.S. Phatale, Advocate for Petitioner Mr H.B. Nandgavale, Advocate holding for Mr Sham B. Patil, Advocate for Respondent No.1 Mrs M.A. Deshpande, Addl. G.P. for Respondent No. 3 CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 9th MARCH, 2020 PER COURT :

1.

The learned Counsel for the petitioner submits that the validation proceeding is pending since the year 2016. The same is not yet decided. The petitioner appears for 3rd year B.H.M.S. examination. The result is withheld.

2.

Mr H.B. Nandgavale, learned Counsel accepts notice for respondent No. 1 and the learned Assistant Government Pleader waives notice for respondent No. 3.

3.

The petitioner shall appear before respondent No. 3 on 23rd March, 2020. The Committee shall decide the validation proceedings in respect of the tribe claim of the petitioner

2 63-WP-3797-2020 preferably within a period of six months from the date of appearance of the petitioner.

4.

The respondent shall not withhold the result of the petitioner's examination only on the ground that validation proceeding is pending.

5.

In case the petitioner is otherwise eligible, then the respondent shall not refrain the petitioner from prosecuting her studies for 4th year B.H.M.S. course.

6.

The respondent may take further decision depending upon the judgment that would be delivered by the Committee in the validation proceeding.

7.

The writ petition is disposed of. No costs.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta