Rashmi Rajeshwar Domsher v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6428 OF 2020 Rashmi Rajeshwar Domsher .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Sunil M. Vibhute, Advocate for the Petitioner. Mr. P. M. Kulkarni, AGP for Respondent Nos. 1 and 2. Mr. B. A. Shinde, Advocate for Respondent Nos. 3 and 4. CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 21st SEPTEMBER, 2020.

PER COURT:- .

The learned counsel for the 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 A.G.P on instruction submits that the respondent No. 2 committee would decide the validation proceeding within four months. 3.

Considering the above, we pass the following order :- a) The respondents No. 1, 3 and 4 shall not withhold the

2 18-wp 6428-2020.odt mark-sheet, transfer certificate and passing certificate, only on the ground that the validation proceedings are pending. b) The respondents No. 3 and 4 shall not issue Degree certificate 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 certificate 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.

( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.