Pooja Narsing Yalmalwad v. The State Of Maharashtra And Others

1 12-wpst 12024-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION STAMP NO. 12024 OF 2020 Pooja Narsing Yalmalwad .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. O. B. Boinwad, Advocate for the Petitioner. Mrs. M. A. Deshpande, Addl. G. P. for Respondent Nos. 1 and 4. Mr. K. C. Sant, Advocate for Respondent No. 2. CORAM : S. V. GANGAPURWALA & R. G. AVACHAT, JJ.

DATED : 20th JULY, 2020.

PER COURT:- .

It is submitted by the learned counsel for the petitioner that the tribe claim of the petitioner is pending consideration with the committee. However, respondent Nos. 2 and 3 are not accepting the examination form of the petitioner of 2nd year B.A.M.S. examination. 2.

The learned Addl. G. P. appears for respondent Nos. 1 and 4. Mr. Sant, learned counsel appears for respondent No. 2. 3.

Considering the fact that validation proceeding is pending, we pass the following order.

2 12-wpst 12024-2020.odt 4.

The respondent No. 4 / committee shall endeavour to decide the validation proceeding expeditiously and preferably within a period of nine (09) months from the date of appearance of the petitioner. The petitioner shall appear before the committee on 12.08.2020. 5.

The respondent Nos. 2 and 3 shall not refuse the examination form of the petitioner only on the ground that validation proceeding is pending. In case, there is no other impediment, then the result of the petitioner shall not be withheld only on the ground that validation proceeding is pending. The respondent Nos. 2 and 3 may take further course of action depending upon the judgment that would be delivered by the committee in the validation proceeding. 6.

Writ petition is disposed of. No costs.

( R. G. AVACHAT ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.