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Bombay High CourtWP/8686/2019disposed offdismissed for default

Sainath Gangadhar Birmod v. Scheduled Tribe Certificate Scrutiny Committee Aurangabad And Others

2019-07-17Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Mangesh S. Patil2 pages

984 wp8686-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 984 WRIT PETITION NO.8686 OF 2019 SAINATH GANGADHAR BIRMOD

VERSUS

SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE AURANGABAD AND OTHERS ...

Advocate for Petitioner : Phatale Sagar S Addl.GP for Respondents: P.S.Patil Adv.V.B.Bolkar for R.2 &3 ----- CORAM : S.V.GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE : 17/07/2019 PER COURT :

At the request of petitioner, leave to amend. Mr.Bolkar, Adv. appears for respondents no.2 and 3.

2] This Court on 9/8/2018 in Writ Petition No.9245/2018 filed by petitioner had directed the committee to decide the proceeding within 7 months. It is submitted that the proceedings are not yet decided. In paragraph no.3 of the operative order, we had directed not to take adverse action against the petitioner only on the ground that validation proceeding is pending. The same position still persists. In fact the committee ought to have decided the proceeding by this time. 3] Considering the above, we allow four more months time to respondent no.1 to decide the said proceeding. The petitioner shall appear before the committee on 29/7/2019. Respondents 2 and 3 shall if the petitioner is otherwise eligible, allow to prosecute studies

984 wp8686-19 in the 3rd year. The same would be subject to the decision that would be given by the committee in the validation proceeding. 4] Writ Petition is disposed of. No costs.

(MANGESH S. PATIL,J.) (S.V.GANGAPURWALA,J.) umg/