Arshiya Kausar Mohammed Habib v. State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.3677 OF 2015 Ku. Arshiya Kausar d/o Mohammed Habib age 20 years, Occu. Education, R/o Umar Colony, Degloor Naka, District Nanded ...

PETITIONER

VERSUS

1.

The State of Maharashtra, through Secretary, Social Welfare Department, Mantralaya, Mumbai - 32 2.

The Member Secretary and Research Officer, Divisional Caste Certificate Scrutiny Committee, Latur Division, Committee No.2, Latur.

3.

The Superintendent, Government Ayurvedic College, Tuljapur Road, Osmanabad 4.

The Dean, Government Ayurvedic College, Nashik Ayurvedic University, Nashik ...

RESPONDENTS .....

Shri J.M. Murkute, Advocate for petitioner Shri G.K. Thigale, A.G.P. for State .....

CORAM:

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

DATED:

6th April, 2015.

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

1.

Rule. Rule made returnable forthwith. With the consent of parties, taken up for final hearing. 2.

Mr. Murkute, the learned counsel for the petitioner states that, the validation proceedings in respect of the caste claim of the petitioner is pending consideration with the respondent No.2. However, as the validity is not submitted the respondent No.3 is not accepting the examination form and has returned the same on the said count itself.

3.

To get the validity proceedings decided within stipulated time is not in the hands of a litigant. The validation proceedings are pending consideration with the Committee. 4.

In light of the above, we pass the following order :

5.

The respondent No.2 committee shall decide the validation proceedings in respect of the caste claim of the petitioner expeditiously, preferably within six months. The respondents No.3 and 4 shall not refuse to accept the examination form of the petitioner and to prosecute the further studies only on the ground that the validation proceedings are pending. Writ Petition stands disposed of accordingly. Rule made absolute in above terms. No costs.

(A.I.S. CHEEMA, J.) ( S.V. GANGAPURWALA, J.)