Ragini Vasantrao Mitke v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT

BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.8079 OF 2015.

Ragini d/o Vasantrao Mitke, Age 19 years, Occ.Student, R/o Shivangaon, Tq.Umri, Dist.Nanded.

... Petitioner.

Versus

The State of Maharashtra and others.

... Respondents.

...

Mr.A.N.Koralkar, advocate for the petitioner. Mr.S.S.Tope, Addl. Govt. Pleader for the State. Mr.P.S.Patil, advocate for Respondent No.2.

...

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

Date : 05.08.2015.

PER COURT :

1.

Heard.

2.

Mr.Koralkar, the learned counsel submits that validation proceedings in respect of

the tribe claim of the petitioner is pending with the Respondent No.2/Committee.

However, Respondent Nos.3 and 4 have withheld the result of the petitioner's examination on the ground that validity is not submitted.

3.

Mr.Patil, learned counsel appears for Respondent No.2 and states that it would take some time to decide the validation proceedings. 4.

The learned Addl. Govt. Pleader states that as the petitioner is admitted from reserved category, she has to submit the validity certificate.

5.

To get the validity certificate decided within a stipulated period is not within the domain of the petitioner. It is for the Committee to decide the said proceedings.

6.

In light of that, we pass the following order :

i) The Respondent No.2 shall decide the

validation proceedings in respect of the tribe claim of the petitioner expeditiously and preferably within one (1) years.

ii) The petitioner shall cooperate in expeditious disposal of the said proceedings. iii) The Respondent Nos.3 and 4 shall not withhold the result of the petitioner's examination and shall not refrain her from prosecuting further studies only on the ground that validation proceedings are pending. Ofcourse Respondent Nos.3 and 4 can take further course of action depending upon the judgment delivered in the validation proceedings.

iv) The Writ Petition is accordingly disposed of. No costs.

(V.K.JADHAV,J.) (S.V.GANGAPURWALA,J.) asp/office/wp8079.15