Fakeha Kausar Jaleel Ahmed Khan v. Maharashtra University Of Health Sciences Through Its Registrar And Others

1 wp 6927.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6927 OF 2022 FAKEHA KAUSAR JALEEL AHMED KHAN

VERSUS

MAHARASHTRA UNIVERSITY OF HEALTH SCIENCES THROUGH ITS REGISTRAR AND OTHERS ...

Advocate for Petitioner: Mr. Phatale Sagar S AGP for Respondent/State: Mr. P. K. Lakhotiya ...

CORAM:RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

DATE: 04th AUGUST, 2022 PER COURT:

1.

By this Petition, the Petitioner has putforth prayer clause 'B', as under:- "B) Issue Writ of Mandamus or other appropriate Writ or order thereby direct the Respondent No.1-University and Respondent No.2- College to forthwith Issue Internship Completion certificate and degree certificate of petitioner of MBBS course, till the Respondent No.3Scrutiny Committee decides Tribe claim of petitioner, till the Respondent No.3-

2 wp 6927.2022 Scrutiny Committee decides Tribe claim of petitioner."

2.

We are informed that in earlier proceedings viz. Writ Petition no.6639/2022 filed by Shubham Umakant Ghante Vs. The State of Maharashtra and others, decided on 30.06.2022, the Maharashtra University of Health Sciences has made a statement that the University has issued a circular to all the medical colleges, not to withhold the internship certificate, on the ground that the validation claims are pending.

3.

The claim of the Petitioner, seeking validation of her 'Tadvi', Scheduled Tribe category is pending for more than seven years. This Court has passed orders on this issue earlier and, yet, the committee has not yet decided the Petitioner's claim.

4.

In view of the above, this Petition is disposed off, with the following directions:-

3 wp 6927.2022 A] Respondent No.2 - Medical College shall release the internship completion certificate and other original documents, on or before 25.08.2022.

B] The degree certificate of the petitioner shall be withheld by the University until her claim is adjudicated upon.

C) The committee shall deliver it's order in the pending proceedings, on or before 15.10.2022.

[ARUN R. PEDNEKER, J.] [RAVINDRA V. GHUGE, J.] marathe