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Bombay High CourtWP/8056/2015disposed offdismissed for default

Priyanka Madhukar Thakur v. The State Of Maharashtra And Others

2015-08-05Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.K. Jadhav3 pages

1 WP8056.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8056 OF 2015 Priyanka Madhukar Thakur .. Petitioner

Versus

The State of Maharashtra and Others .. Respondents Shri Arun H. Koralkar, Advocate for Petitioner. Shri D. B. Bhange, A. G. P. for the Respondent / State. Shri K. D. Bade Patil, Advocate for the Respondent No. 2. CORAM : S. V. GANGAPURWALA AND V. K. JADHAV, JJ.

DATE : 05 AUGUST, 2015.

PER COURT :

1.

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.

2.

Mr. Bade Patil, the learned counsel appears for

2 WP8056.15 Respondent No. 2 and states that, it would take some time to decide the validation proceedings.

3.

The learned A. G. P. states that, as the petitioner is admitted from reserved category, he has to submit the validity certificate.

4.

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. 5.

In light of that, we pass the following order -

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) year.

II] The petitioner shall co-operate in expeditious disposal of the said proceedings. III] Respondent Nos. 3 and 4 shall not withhold the result of the petitioner's examination and shall not refrain her from

3 WP8056.15 prosecuting further studies, as per rules only on the ground that, validation proceedings are pending. Of course, Respondent Nos. 3 and 4 can take further course of action depending upon the judgment delivered by the Committee in the validation proceedings.

6.

Writ petition is accordingly disposed of. No costs. [ V. K. JADHAV, J. ] [ S. V. GANGAPURWALA, J. ] sam/Aug. 15