Sharad Rajabhau Soge v. The State Of Maharashtra Through Its Secretary And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 937 WRIT PETITION NO.6287 OF 2022 SHARAD RAJABHAU SOGE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS Mr. P. V. Jadhavar, Advocate for the petitioner Mr. S. G. Sangle, AGP for the respondents/State Mr. Bhargar B. Kulkarni, Advocate h/f Mr. K. C. Sant, Advocate for respondent No.4 CORAM :RAVINDRA V. GHUGE & ANIL L. PANSARE, JJ.

DATE:21st June, 2022 P. C.

1.

The petitioner has putforth prayer clauses '

B' and '

D' as under:- "B] By issuing appropriate writ, order or direction in the like nature, may kindly issue direction against the respondent No. 3 and 4 to declare the result of petitioner of BAMS Third Year Course winter 2021 and accept the examination form of next year and not to refrain further study of petitioner of BAMS course without insisting validity certificate.

(2) D] By issuing appropriate writ, order or direction in the like nature, the respondent No.2 Scrutiny Committee may kindly be decided the claim of the petitioner as early as possible."

2.

We find that the petitioner is a student of BAMS course and his claim of belonging to '

Koli Mahadev'

, Scheduled Tribe is pending adjudication since September, 2014 with the Committee. The petitioner had earlier approached this court in writ petition No. 10681/2021 for similar reasons in relation to the IInd year results. By an order dated 27-09-2021, his results were declared and he was permitted to prosecute his studies in the IIIrd year BAMS.

3.

This petition is with regard to the IIIrd year course result. As such this petition is disposed off with the following directions:- A] The Scrutiny Committee shall decide the pending

(3) proceedings/claim of the petitioner, on or before 20-102022. B] The petitioner shall render fullest cooperation and shall not seek adjournment in the proceeding/claim.

C] In the event, the petitioner does not co-operate, the Committee shall proceed to the next stage in the proceedings.

D] Respondent No.4-University shall declare the result of the petitioner for the IIIrd year BAMS course Winter 2021 and in the event there is no other impediment, his examination form for the next year can be accepted.

E] Outstanding fees, if any, towards respondent No.3-College shall be cleared by the petitioner, on or before 30-07-2022.

(4) F] We make it clear that, we would not be granting any extension of time to the Committee to decide the proposal of the petitioner beyond 20-10-2022. [ANIL L. PANSARE, J.] [RAVINDRA V. GHUGE, J.] VishalK/wp6287.22