Khateeb Mahevish Fatema Khateeb Zaheeruddin v. State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.3602 OF 2015 Khateeb Mahevish Fatema d/o Khateeb Zaheeruddin, Age 18 years, Occu. Education, R/o Roza Mohalla, Kaij, Tq. Kaij, District Beed ...

PETITIONER

VERSUS

1.

The State of Maharashtra, through its Secretary, Medical Education and Drugs Department, Mantralaya, Mumbai.

2.

The Dean Government Ayurved College, Osmanabad, Dist. Osmanabad 3.

The Registrar, Maharashtra University of Health Sciences, Dindori Road, Mhasrul/ Nashik, District Nashik 4.

The Scheduled Caste, VJ, NT, OBC and SBC Certificate Verification Committee No.1, Aurangabad Division, through its Member Secretary, Aurangabad ...

RESPONDENTS .....

Shri S.M. Vibhute, Advocate for petitioner Shri S.G. Sangle, A.G.P. for State Shri K.C. Sant, Advocate for respondent No.3 Shri Tele, Advocate for respondent No.4 .....

CORAM:

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

DATED:

31st March, 2015.

ORAL JUDGMENT (Per S.V. Gangapurwala, J.):

1.

Rule. Rule made returnable forthwith. With the consent of the learned counsel appearing for the parties, the petition is taken up for final hearing.

2.

The validation proceedings in respect of the caste claim of the petitioner is pending consideration with the Committee. The learned counsel for the petitioner submits that the petitioner is not allowed to prosecute the further studies and appear for the examinations.

3.

Mr. Tele, learned counsel submits that it would take some time to decide the said proceedings.

4.

We have heard Mr. Sant, learned counsel for the respondent - University and the learned Assistant Government Pleader.

5.

To get the proceedings decided within the stipulated period, is not in the hands of the litigant.

6.

Considering the above, we pass the following order : (I) The Committee shall decide the validation proceedings in respect of the caste claim of the petitioner, expeditiously, preferably within a period of one year.

(II) The petitioner shall cooperate in expeditious disposal of the said proceedings.

(III) The respondents shall not refrain the petitioner from appearing for the examinations and prosecuting the further studies only on the ground that the validation proceedings are pending. Of course, the respondent - University and the College can take further steps in tune with the judgment of the Committee in validation proceedings.

(IV) Accordingly, Rule is made absolute in above terms. No costs.

7.

Learned A.G.P. for State and Mr. Sant, learned counsel for respondent No.3 shall communicate this order to the respective respondents.

8.

Authenticated copy permitted.

(A.I.S. CHEEMA, J.) ( S.V. GANGAPURWALA, J.) fmp/wp3602.15