Shraddha Marotrao Kachave v. The State Of Maharashtra And ORS

1 wp 3996.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3996 OF 2017 Shraddha Marotrao Kachave .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Sunil M. Vibhute, Advocate for the Petitioner . Mrs. M. A. Deshpande, Addl.G.P. for Respondents/State. CORAM : S. V. GANGAPURWALA AND SANGITRAO S. PATIL, JJ.

DATE :

23RD MARCH, 2017.

PER COURT :

.

Heard.

2.

The learned A.G.P. accepts notice for the State, the Scheduled Tribe Verification Committee and the Government Medical College.

3.

The contention of the petitioner in this petition is that the validation proceedings in respect of her tribe claim is pending with the Tribe Verification Committee. However, respondent Nos. 3 and 4 are not accepting the examination form of the petitioner.

2 wp 3996.17 4.

It is for the Tribe Verification Committee to decide the validation proceedings. The validation proceedings is pending with the Committee, the Committee shall decide the said proceedings expeditiously and preferably within nine months. 5.

Respondent Nos. 3 and 4 shall not refuse to accept the examination form of the petitioner and shall not prevent her from prosecuting further studies, only on the ground that the validity certificate is not submitted. Off course, respondent Nos. 3 and 4 may take further course of action depending upon the judgment that may be delivered by the Tribe Verification Committee in the validation proceedings.

6.

The petitioner may give an undertaking to the colleges that in case her tribe claim is invalidated, then she will pay the full fees as an open category candidate. Till the validity is decided, the respondent/college shall not insist the petitioner for payment of full fees that as an open category candidate. 7.

The Writ Petition stands disposed of with the above directions. No costs.

[SANGITRAO S. PATIL, J.] [S. V. GANGAPURWALA, J.] bsb/March 17