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Bombay High CourtWP/3520/2016disposed offdismissed for default

Vrushali D/O Ishwar Koli v. The State Of Maharashtra Through Its Secretary, Medical Education And Drugs Department Mantralaya

2018-09-28Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. M. Gavhane3 pages

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3520 OF 2016 WITH CIVIL APPLICATION NO. 11933 OF 2018 VRUSHALI ISHWAR KOLI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr.Shivaji K. Naikwade, Advocate for the petitioner Mr.A.S.Bayasm, Advocate for respondent No.4 Mr.K.N.Lokhande, AGP for the respondent/State CORAM : S.V. GANGAPURWALA & S.M.GAVHANE,JJ.

DATED :

28.09.2018 P.C. :- .

Learned counsel for the petitioner submits that the caste claim of the petitioner is pending with the Scrutiny Committee since since 2015 same is not yet decided. Learend counsel submits that the vigilance is already conducted.

2.

We have heard Mr. Bayas, learned counsel for respondent No.4.

3.

The petitioner has appeared for second year of B.A.M.S., but the result is withheld on the ground that the validation is not submitted. Learned

( 2 ) counsel submits that the B.A.M.S. is of four years course.

4.

As the caste claim of the petitioner is pending for verification with the Scrutiny Committee we pass the following order.

ORDER

I.

The Scrutiny Committee shall decide the validation proceedings in respect of the caste claim of the petitioner expeditiously, preferably within six months from the date of appearance of the petitioner.

II.

The petitioner shall appear before the Scrutiny Committee on 12.10.2018. The petitioner shall cooperate in expeditious disposal of the claim.

III.

Respondent Nos. 3 and 4 shall not withhold the result of the petitioners examination only on the ground that the validation proceeding is pending. If the petitioner is otherwise eligible then the petitioner shall not be prevented from taking the admission to the third year B.A.M.S.

( 3 ) course only on the ground that validation proceeding is pending.

IV.

Respondent Nos. 3 and 4 can take further course of action depending upon the judgment that would be delivered by the Committee in the validation proceeding.

V.

The writ petition stands disposed of.

VI.

In view of disposal of the writ petition, the civil application is disposed of.

[S.M.GAVHANE,J.] [S.V. GANGAPURWALA,J.] VishalK/wp3520.16