Yash Ramesh Koli v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8689 OF 2018 Yash Ramesh Koli .. Petitioner

Versus

The State of Maharashtra and others.. Respondents Shri Vivek U. Jadhav, Advocate for the Petitioner. Shri S. B. Pulkundwar, A.G.P. for Respondent Nos. 1 and 2.

CORAM:

S. V. GANGAPURWALA & SUNIL K. KOTWAL, JJ.

DATE:

th July, 2018 PER COURT:

1.

Learned counsel for the petitioner submits that the validation proceeding is pending. The petitioner is not being given admission in second year B.E. course only on the ground that validity is not yet submitted. The result of first year B.E. course is also declared.

2.

Learned A.G.P. accepts notice for respondent nos. 1 and 2.

3.

It is not disputed that the validation proceeding in respect of the tribe claim of the

2 wp 8689.18 petitioner is pending since 9.6.2017.

The petitioner was admitted in first year B.E. examination. He was allowed to prosecute the examination and his result is also declared but he is not being given admission to the second year only on the ground that validation proceeding is pending.

4.

To get the validation proceeding decided within stipulated period is not in the hands of a litigant.

5.

Considering the above, we pass following order.

6.

Respondent no. 2 - committee, shall decide the validation proceeding in respect of the tribe claim of the petitioner expeditiously and preferably by the end of April - 2019. The petitioner shall cooperate in expeditious disposal of the proceeding. The petitioner shall appear before the committee on 30th August, 2018.

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In case the petitioner is otherwise eligible, then respondent nos. 3 and 4 shall not refuse to admit the petitioner in the second year B.E. course only on the ground that validity certificate is not produced and that validation proceeding is pending. Of course, respondent nos. 3 and 4 can take further course of action depending upon the judgment that will be delivered by the committee in the validation proceeding. The petitioner shall give an undertaking to respondent nos. 3 and 4 that in case the claim of the petitioner is invalidated, then the petitioner would pay the full fees.

8.

Writ Petition is disposed of. No costs.

9.

Authenticated copy be given.

[SUNIL K. KOTWAL, J.] [S. V. GANGAPURWALA, J.] marathe