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Bombay High CourtWP/7093/2014admittedallowedgrantedrule absolute

Madhavi Ramrao Thakur v. The State Of Maharashtra And Others

2015-03-23Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice P.R. Bora3 pages

IN THE HIGH COURT OF JUDICATURE OF

BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7093 OF 2014 Madhavi d/o Ramrao Thakur, Age 19 years, Occu: student, r/o Rajura Tq. Mukhed, Dist. Nanded.

...PETITIONER

VERSUS

1.

The State of Maharashtra, Through it's Secretary, Medical Education and Drugs Department, Mantralaya, Mumbai - 32 2.

The Scheduled Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, Through its Deputy Director (R), Aurangabad.

3.

The Registrar, Maharashtra University of Health Sciences, Nashik.

4.

The Principal, Anand Charitable Trust, Institute of Nursing, Kasal, at Post - Gorai, Tq.Kudal Dist. Sindhudurg.

...RESPONDENTS ...

Mr.Pratap V.Jadhavar, Advocate for the petitioner.

Mr. D.V.Tele, AGP for respondent State.

Mr.A.B.Tele, Advocate for respondent no.2.

Mr.D.S.Pawar, Advocate, h/f Mr. K.C.Sant, Advocate for respondent no.3.

...

CORAM: S.S.SHINDE AND P.R.BORA, JJ.

DATE : March 23rd, 2015 *** ORAL JUDGMENT: (Per S.S.Shinde, J.) 1.

Heard. Rule. Rule made returnable and heard forthwith with the consent of learned Counsel for the parties. 2.

This petition takes exception to the communication of respondent nos. 3 and 4 in not declaring the result of the petitioner on the ground that the petitioner has not filed tribe validity certificate. The fact that the tribe claim is pending with the respondent Committee has been confirmed by the Counsel appearing for respondent Committee. Counsel appearing for respondent no.3 submits that since validity certificate is not submitted, result is withheld.

3.

(a) In our opinion, ends of justice would be met, in case the respondent no.2 Committee is directed to decide the tribe claim of the petitioner expeditiously, and respondent no.3 is directed to declare the result of petitioner of First Year Nursing Course. This relief granted would be subject to outcome of the proceedings before the respondent No.2.

(b) Respondent no.2 Committee is directed to decide the tribe claim of the petitioner as expeditiously as possible, preferably, within eight months from today. Needless to observe that the petitioner should cooperate Respondent No.2

Committee in deciding the tribe claim.

(c) Respondent No.3 is directed to declare the result of B.Sc. (Nursing) First Year Course of the petitioner. Rule made absolute in above terms.

([P.R.BORA) (S.S.SHINDE) JUDGE JUDGE ...

AGP/7093-14wp