Aditya Balajirao Royalwar v. The State Of Maharashtra Through Secretary And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 948 CIVIL APPLICATION NO.9680 OF 2022 IN WP/636/2022 ADITYA BALAJIRAO ROYLAWAR

VERSUS

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

Mr O. B. Boinwad, Advocate for applicant;

Mr P. S. Patil, A.G.P. for respondents/State CORAM : RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

DATE : 16th September, 2022 PER COURT:

1.

The applicant/petitioner has put forth prayer clauses (B) and (C), which read as under :- "B] The respondent No.3 may kindly be directed to University Internship Completion Certificate (I.C.C.) to applicant.

C] The Respondent No.3 & 4 may kindly be directed to not take any coercive action against the applicant the ground of non-submission of his tribe validity certificate." 2.

The petitioner's claim has been invalidated. He has preferred a writ petition before this Court. Notices have been issued. The petitioner was permitted to continue with the

(2) Internship course, vide order dated 28/01/2022. He has completed the course.

3.

The learned Advocate for the respondent/Health University, submits that, all the Medical Colleges have been informed that the Internship Certificate should not be withheld on the ground of pendency of the validity claims.

4.

Since the petitioner has already completed the Internship, this civil application is partly allowed only to this extent. The College shall release the Internship Certificate of the petitioner on the following conditions :- (a) The petitioner shall file an affidavit undertaking to the College and a copy to be placed on record in this petition, declaring that he will not avail of any benefit of reservation on the ground, that he belongs to 'Koli Mahadev' Tribe, for further education or employment or for any purpose, until the writ petition is decided.

(b) Such affidavit undertaking shall be filed within a period of two weeks from today.

(3) (c) On tendering such affidavit undertaking, the College would hand over the Internship Certificate to the petitioner. (d) The University shall not release the Degree Certificate.

(ARUN R. PEDNEKER, J.) (RAVINDRA V. GHUGE, J.) sjk