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Bombay High CourtWP/7232/2015admittedallowedgrantedrule absolute

Gaurav Dinesh Patil v. The State Of Maharashtra And Others

2015-07-20Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.K. Jadhav3 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7232 OF 2015 GAURAV DINESH PATIL AGE 18 YEARS, Occ. Education (Student), R/o Borgaon, Tq. Shirpur, Dist. Dhule Petitioner.

VERSUS

1. The State of Maharashtra, Through, Dy. Director of Technical Education, Technical Education, Divisional Office, Nasik, Division Nasik.

2. Divisional O.B.C.N.T. Caste Certificate, Verification Committee, Dhule.

(Copy to be served for Respondent 1 and 2 on AGP)

3. North Maharashtra University, Jalgaon, Through Its Chancellor and Examination Controller.

4. Principal R.C.Patel, Institute of Technology, Shirpur, Dist. Dhule.

.Respondents..

...

Advocate for Petitioner : Mr. P.B. Patil AGP for Respondents: Mr. R. P. Phatke Advocate for Respondents : Mr. A.B.Girase ...

CORAM : S V GANGAPURWALA & V.K. JADHAV, JJ.

Dated: July 20, 2015 ...

ORAL JUDGMENT :- (Per S.V.Gangapurwala, J.) 1.

Rule. Rule made returnable forthwith. With the consent of the parties, taken up for final hearing.

2.

Mr. Patil, learned counsel for the petitioner submits that, Mark sheet of the petitioner's First Year IInd Semester B.E.

Mechanical examination is withheld only on the ground that validity certificate is not submitted. Learned counsel submits that said proceedings is pending with the respondent No.2 Committee. 3.

Learned counsels for respondents No.3 and 4 submit that as validity is not submitted, mark sheet is rightly with held. 4.

We have heard learned AGP also.

5.

To get the validation proceedings decided within a particular time frame is not in the hands of the litigant. In light of the above, we pass following order.

O R D E R

1. The respondent No.2 Committee shall decide the validation proceedings in respect of the caste claim of the petitioner expeditiously and preferably within nine months. The petitioner shall cooperate in expeditious disposal of the same.

2. The Respondents No.3 and 4 shall not with hold mark sheet of the petitioner and shall not refrain the petitioner from prosecuting further studies only on the ground that validation proceeding is pending. Of course, the Respondents No.3 and 4 can take further action in accordance with the judgment of the Committee.

6.

Rule accordingly made absolute in above terms. No costs. 7.

Parties to act on an authenticated copy of this order. ( V.K. JADHAV, J. ) ( S V GANGAPURWALA, J. ) ...

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