Ajinkya Subhashrao Bogulwar v. The State Of Maharashtra And Others

{1} 15 sr.no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6378 OF 2020 AJINKYA SUBHASHRAO BOGULWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Sunil M. Vibhute AGP for Respondents : Mr. S. B. Yawalkar ...

CORAM : DIPANKAR DATTA, C.J.

& S.V. GANGAPURWALA, J.

DATE : 18TH SEPTEMBER, 2020.

PER COURT:

1] The learned counsel for petitioner submits that the validation proceeding in respect of the tribe claim of the petitioner is pending with respondent No.2 since the year 2014. The petitioner appeared for B.Sc. Agriculture Final Year Examination. The mark sheet and all other documents are withheld. Directions be given to give said documents.

2] Learned AGP on instructions submits that the respondent No.2 committee would decide the validation proceeding within four months.

{2} 15 sr.no..odt 3] Considering the above, we pass the following order :- a) The respondents No.1, 3 and 4 shall not withhold the mark-sheet, transfer certifcate and passing certifcate, only on the ground that the validation proceedings are pending. b) The respondents No. 3 and 4 shall not issue Degree certifcate unless and until the petitioner produces validity of his tribe claim.

c) The petitioner shall not take further advantage of reservation until the petitioner secures the validity certifcate of his tribe claim.

d) The respondents may take further course of action depending upon the Judgment of the Scrutiny Committee in the validation proceeding.

4] With the above directions, the Writ Petition stands disposed of. No costs.

[S.V. GANGAPURWALA,J] [CHIEF JUSTICE] grt/-