Surabhi Sunil Patil v. The State Of Maharashtra And Others

WP 8172.2015.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8172 OF 2015 SURABHI SUNIL PATIL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. V.P. Patil AGP for Respondents: Mr. S.S.Tope Advocate for Respondents : Mr. R.C.Bora h/f Mr. A.B.Girase for R/4, Mr. Unmesh Shriram h/f Mr. D.S.Bagul for R/5. ...

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

Dated: August 10, 2015 ...

PER COURT :- 1.

Mr. Patil, the learned counsel for the petitioner states that validation proceedings in respect of the caste claim of the petitioner is pending with the respondent No.3 Committee, however, the respondent No.5 College is denying admission to the petitioner for want of validity.

2.

Learned AGP for respondents does not dispute that validation proceedings in respect of the caste claim of the petitioner is pending. Learned counsel for respondents No.4 and 5 submits that as petitioner has been given admission from the reserved category, unless he produces validity certificate, same cannot be continued.

3.

We have considered the submissions canvassed by the learned counsel for respective parties.

WP 8172.2015.odt 4.

It is not in the hands of the litigants to get the proceedings decided within the stipulated period. It is for the Committee to decide the validation proceedings. It is not disputed that validation proceedings in respect of the caste claim of the petitioner is pending. In light of the above, we pass following order.

ORDER

I]. Respondent No.3 Committee shall decide the validation proceedings in respect of the caste claim of the petitioner, expeditiously and preferably within (09) Nine months. The petitioner shall cooperate in expeditious disposal of the said proceedings.

II]. The respondents No.4 and 5 shall not with hold the result of the petitioner's examination and shall not refrain the petitioner from prosecuting her further studies only on the ground that validation proceedings are pending. Of course, the respondents No.4 and 5 can take further course of action in tune with the Judgment which would be delivered by the Committee in the validation proceedings.

5.

Writ Petition accordingly disposed of. No costs. ( V.K. JADHAV, J. ) ( S V GANGAPURWALA, J. ) ...

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