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Bombay High CourtWP/10716/2017disposed offdismissed for default

Ashish Bhimsing Thakur v. The State Of Maharashtra And Others

2018-03-16Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale2 pages

W.P.10716/2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.10716 OF 2017 WITH CIVIL APPLICATION NO.3745 OF 2018 Ashish s/o Bhimsing Thakur .. Petitioner

Versus

The State of Maharashtra and ors.

.. Respondents Mr A.S. Golegaonkar, Advocate for petitioner Mr P.S.Patil, A.G.P. for respondent no.1 and 2 Mr S.B. Pulkundwar, Advocate for respondent no.3 CORAM : S.V. GANGAPURWALA & A.M. DHAVALE, JJ Date : 16th March 2018 PER COURT 1.

It is submitted by learned Counsel for the petitioner that validation proceeding is pending since 11.10.2014. The vigilance is conducted. The petitioner has filed say to the vigilance report. However, the same is not yet decided. The result of the petitioner's First Year B.A.M.S. Examination is withheld.

2.

Mr Pulkundwar appears for respondent no.3. Learned A.G.P. appears for respondent nos.1 and 2.

3.

Considering the fact that vigilance is already conducted, we pass the following order:

(a) The respondent no.2 - Committee shall decide the validation proceeding within a period of three months from the date of appearance of the petitioner.

W.P.10716/2017 (b) The petitioner shall appear before the Committee on 27th March 2018. The petitioner shall co-operate in expeditious disposal of the validation proceeding.

(c) Respondents no.3 and 4 shall not withhold the result of the petitioner's examination and if the petitioner is otherwise eligible, shall not be refrain from prosecuting studies of next year only on the ground that the validation proceeding is pending. (d) The Committee shall decide the proceeding within three months, as directed above. No further time would be granted. 4.

Writ Petition is accordingly disposed of. No costs. 5.

In view of disposal of Writ Petition, Civil Application stands disposed of.

( A.M. DHAVALE, J.) ( S.V. GANGAPURWALA, J.) vvr