Mayuri Purbhaji Kumbharwad v. The State Of Maharashtra And Others

912wp3250-18

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3250 OF 2018 Mayuri d/o Purbhaji Kumbharwad

...Petitioner

Versus

The State of Maharashtra and others

...Respondents

Mr.S.M. Vibhute, Advocate for the petitioner Mr.S.G.Karlekar, A.G.P. for respondent Nos. 1, 2 and 4 Mr. Shrikant S. Patil, learned advocate accepts notice for respondent No.3 CORAM : S.V.GANGAPURWALA AND A.M.DHAVALE, JJ.

DATE: MARCH 28, 2018 ...

PER COURT :- 1.

Mr. S.G. Karlekar, learned A.G.P. accepts notice for respondent Nos. 1, 2 and 4. Mr. Shrikant S. Patil, learned advocate accepts notice for respondent No.3.

2.

The validation proceeding is pending. The petitioner has appeared for Second Year M.B.B.S. examination. The result of the is petitioner withheld.

3.

Considering the above, we pass the following order :-

912wp3250-18 (i) The respondent No.4 shall decide the validation proceeding in respect of the tribe claim of the petitioner expeditiously, preferably within six months from the date of appearance of the petitioner.

(ii) The petitioner shall appear before the Committee on 4th April, 2018. The respondent Nos. 2 and 3 shall not withhold the result of the petitioner's examination only on the ground that the validation proceeding is pending.

(iii) If the petitioner is otherwise eligible, then she may not be refrained from prosecuting further studies only on the ground that validation proceeding is pending. (iv) The respondent Nos. 2 and 3 can take further course of action depending upon the judgment that would be delivered by the Committee in the validation proceeding. 4.

The writ petition is accordingly disposed of. No costs. (A.M. DHAVALE, J.) ( S.V. GANGAPURWALA, J. ) mta