Shachi Sunil Thakur v. The State Of Maharashtra And Others

1 42-wp 6527-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6527 OF 2021 Shachi Sunil Thakur .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Sushant C. Yeramwar, Advocate for the Petitioner. Mr. S. N. Kendre, AGP for Respondent Nos. 1 and 2. Mr. A. S. Bayas, Advocate for Respondent No. 3. CORAM : S. V. GANGAPURWALA & M. G. SEWLIKAR, JJ.

DATED : 14th JUNE, 2021.

PER COURT:- .

The present petition demonstrates the lethargy on the part of the committee in deciding the validation proceeding. 2.

The learned A. G. P. appears for respondent Nos. 1 and 2. Mr. Bayas, learned counsel appears for respondent No. 3. 3.

It appears that the respondent committee has shown total disrespect to the orders passed by this Court. This Court on 08.09.2017 in Writ Petition No. 10960 of 2017 filed by the petitioner had directed the committee to decide the validation proceedings within a period of nine (09) months. The said proceedings were not decided.

2 42-wp 6527-2021.odt Subsequently, on 16.03.2020 in Writ Petition No. 3949 of 2020 filed by the petitioner this Court further directed the respondent/committee to decide the proceedings within a period of six (06) months. Though more than a year has lapsed, the proceedings are not yet decided. 4.

By way of indulgence, we grant last opportunity to the committee to abide by the orders of this Court and decide the proceedings. Failing which, we will take serious view of the matter including initiation of contempt proceedings against the members of the committee.

5.

The petitioner shall appear before the committee on 28.06.2021. 6.

As it is submitted that the reply to the vigilance report is filed, the committee shall endeavour to decide the validation proceedings within a period of four (04) months from the date of appearance of the petitioner.

7.

The respondent Nos. 3 and 4 shall not withhold the result of the petitioner's final year B.D.S. course examination only on the ground that the validation proceeding is pending.

8.

In case, the petitioner is otherwise eligible, then the petitioner may not be refrained from prosecuting her internship only on the

3 42-wp 6527-2021.odt ground that validation proceeding is pending. However, the internship completion certificate, so also the degree certificate shall not be issued to the petitioner unless and until the petitioner produces the validity certificate.

9.

Writ petition is disposed of. No costs.

( M. G. SEWLIKAR ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.