Sana Naushin Abdul Khayyum v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3252 OF 2016 Sana Naushin d/o Abdul Khayyum ...PETITIONER

VERSUS

The State of Maharashtra and others.

...RESPONDENTS ...

Mrs. A.N. Ansari Advocate for Petitioner.

Mr.U.H. Bhogale, A.G.P. for Resp. Nos.1,3 & 4. Mr.S.B. Bhosale Advocate for Resp. No.2.

...

WITH WRIT PETITION NO.3256 OF 2016 Farheen Fatema d/o Abdul Nayeem ...PETITIONER

VERSUS

The State of Maharashtra and others.

...RESPONDENTS ...

Mrs. A.N. Ansari Advocate for Petitioner.

Mr.P.S. Patil, A.G.P. for Resp. Nos.1,3 & 4.

Mr.S.B. Bhosale Advocate for Resp. No.2.

...

CORAM: S.V. GANGAPURWALA AND A.I.S. CHEEMA, JJ.

DATE : 18TH MARCH, 2016 ORDER :

1.

Heard. Notice to the Respondents. The learned A.G.P. waives notice for Respondent Nos.1, 3 and 4. Mr. Bhosale, learned counsel waives notice for Respondent No.2 in both the Petitions. 2.

Mrs. Ansari, learned counsel for the Petitioners states that validation proceedings in respect of the caste claim of the Petitioners are pending with the Scrutiny Committee since July 2015. The Petitioners are admitted to B.A.M.S. Course. Their examination forms are not being accepted on the ground that validation proceedings are pending.

3.

We have heard Mr. Bhosale, learned counsel for Respondent University and learned A.G.P. for remaining Respondents.

4.

Considering the fact that validation proceedings in respect of the caste claim of the Petitioners are pending with Scrutiny Committee, we pass following order:

5.

The Respondent No.4 - Scrutiny Committee shall decide validation proceedings in respect of the caste claim of the Petitioners expeditiously, preferably within ONE YEAR. The Petitioners shall co-operate in expeditious disposal of their caste claims. The Petitioners shall appear before Respondent No.4 Scrutiny Committee on 11th April 2016.

6.

In case the Petitioners are otherwise eligible, then the Respondent University and Respondent College shall not refuse to accept the examination forms of the Petitioners and shall not refrain them from prosecuting the further studies only on the ground that validation proceedings are

pending.

7.

Both the Writ Petitions disposed of, accordingly. No costs.

.

Parties to act upon authenticated copy of this order.

[A.I.S.CHEEMA,J.] [S.V. GANGAPURWALA, J.] asb/MAR16