Ankita Anilkumar Muddamwar v. The State Of Maharashtra Through Its Secretary And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6469 OF 2022 ANKITA ANILKUMAR MUDDAMWAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ....

Mr G. K. Chinchole, Advocate h/f Mr S. M. Vibhute, Advocate for petitioner;

Mr S. G. Sangle, A.G.P. for respondents/State Mr A. R. Kale, Advocate for respondent No.4 CORAM : RAVINDRA V. GHUGE AND ANIL L. PANSARE, JJ.

DATE : 20th July, 2022 PER COURT:

1.

The petitioner has put forth prayer clause (B), which reads as under :- "B) The respondent no. 3 and 4 may kindly be directed to issue Internship Completion Certificate of final year and other required documents to the petitioner without insisting for Tribe Validity Certificate of the petitioner, as the petitioner has successfully completed her MBBS course and also completed her necessary Internship." 2.

Issue notice to the respondent, returnable forthwith. The learned A.G.P. waives service of notice on behalf of respondent

(2) Nos.1 and 2 and Shri. P. P. More, the learned Advocate waives service of notice on behalf of respondent No.4. 3.

The learned Advocate representing respondent No.4 - Maharashtra Health University submits, that a Circular has been issued to all the Medical Colleges directing not to withhold the Internship Certificate on the ground that the claim for validation is pending.

4.

The learned A.G.P. submits that vigilance cell enquiry is complete and the report is submitted in this case. 5.

In view of the above, this petition is disposed off with the following directions :- (a) The petitioner shall tender an affidavit undertaking to this Court as well as to respondent No.4 - Health University, declaring that she would not seek any further advantage on the basis of her claim, that she belongs to the 'Mannervarlu' Scheduled Tribe, either for further education or for employment, until the claim is decided. (b) On the condition of filing the affidavit, respondent No.4 shall release the Internship Completion Certificate and

(3) other original documents, on or before 05/08/2022. (c) The Degree Certificate of the petitioner shall be withheld by the University, subject to the decision in the claim validation proceedings.

(d) Since the vigilance cell enquiry is complete, the copy of such committee report would be supplied to the petitioner within a period of two weeks.

(e) The petitioner shall appear before the Committee on 11/08/2022 at 12.00 noon and submit her written explanation/submissions.

(f) The Committee shall deliver it's decision on or before 30/08/2022.

(ANIL L. PANSARE, J.) (RAVINDRA V. GHUGE, J.) sjk