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Bombay High CourtWP/8244/2015admittedallowedgrantedrule absolute

Rahul Vijay Pardeshi v. The State Of Maharashtra And Others

2015-08-10Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.K. Jadhav2 pages

WP 8244.2015.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8244 OF 2015 Rahul Vijay Pardeshi age 20 yrs, Occ. Student, R/o Dhondwade, Tq. Jamner, Dist Jalgaon Petitioner.

VERSUS

1. The State of Maharashtra, Through the Secretary, Social Welfare Department, Mantralaya, Mumbai.

(Copy to be served on Government Pleader, High Court of Judicature, of Bombay Bench at Aurangabad.) 2.Regional Caste Scrutiny Committee, (V.J.N.T.) Nashik Division No.2, Dhule, Dist Dhule.

3. The Principal, Government College of Engineering, Jalgaon, National High Way No.6, Jalgaon, Dist. Jalgaon.

Respondents.

...

Advocate for Petitioner :Mr. Patni Pramod F.

AGP for Respondents: Mr. S.S.Tope ...

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

Dated: August 10, 2015 ...

ORAL JUDGMENT :- (Per S.V.Gangapurwala, J.) 1.

Rule. Rule made returnable forthwith. With the consent of parties, taken up for final hearing.

2.

Mr. Patni, learned counsel submits that validation proceedings in respect of the caste claim of the petitioner is pending with the respondent No.2 Committee, however, respondent No.3 is refraining the petitioner from prosecuting further study on the ground that, validity certificate is not yet

WP 8244.2015.odt obtained.

3.

We have heard Mr. Tope, learned counsel for all respondents.

4.

To get the proceedings decided within stipulated period, is not in the hands of the litigant. Considering the above, we pass following order.

ORDER

1. The respondent No.2 shall decide the validation proceedings in respect of the caste claim of the petitioner, expeditiously and preferably within six months considering that it is pending since the year 2013. The petitioner shall co-operate in expeditious disposal of the said proceedings.

2. The respondent No.3 shall not refrain the petitioner from prosecuting further studies only on the ground that validation proceedings are pending. Of course, the respondents can take further course of action in tune with the judgment of the Committee which would be delivered by the committee.

5.

Rule accordingly made absolute in above terms. No costs. Sd/- sd/- ( V.K. JADHAV, J. ) ( S V GANGAPURWALA, J. ) ...

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