Sanjivani Ramkishan Etubone v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4095 OF 2017 Sneha Ramesh Pitthalwad Petitioner

Versus

The State of Maharashtra and others Respondents WITH WRIT PETITION NO.4103 OF 2017 Sanjivani Ramkishan Etubone Petitioner

Versus

The State of Maharashtra and others Respondents WITH WRIT PETITION NO.4104 OF 2017 Aditya Balajirao Royalawar Petitioner

Versus

The State of Maharashtra and others Respondents.

Mr.B.S. Shinde advocate for the petitioner Mr.A.S. Shinde, AGP for Respondent No.1, 2 & 4 Mr. S.B. Bhosale advocate for respondent No.3 _______________ CORAM : R.M. BORDE & K.L. WADANE, JJ (Date : 30th March, 2017.) PER COURT :- The petitioners are students of the first year MBBS degree course and have been admitted to the College as against seats reserved for scheduled tribe category. The validation claim in

{2} respect of the tribe certificates issued to the petitioners are pending consideration of the scrutiny committee. This Court while dealing with Writ Petition No.6096/2016 and other companion matters has already issued direction to the scrutiny committee to take decision in respect of the tribe certificate validation proposals pending with the committee within a period of one year from the date of issuance of the order. The group of writ petitions was disposed of by this Court on 13.7.2016. The period prescribed for taking decision on the tribe certificate validation proposals by the Scrutiny Committee is yet to expire. We expect the scrutiny committee to take decision in the matter within the time frame stipulated under the order passed by us on 13.7.2016.

The petitioners make a grievance that, as a result of their failure to submit validation certificates, they are being prohibited from tendering application forms, for the first year MBBS examination. In the circumstances, a direction need to be issued to the University of Health Sciences and the concerned college to accept the examination forms of the petitioners and permit them to appear for examination.

The respondents No.3 and 4 are thus directed to accept the examination forms of the petitioners and to permit them to

{3} appear for first year MBBS course examination without raising any objection as regards presentation of the validation certificates. In view of above directions, the writ petitions are disposed of.

No costs.

(K.L. WADANE, J) (R.M. BORDE, J) vbd