Akshata Premnath Ghante v. The State Of Maharashtra Through Its Secretary And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 67 WRIT PETITION NO.9124 OF 2022 AKSHATA PREMNATH GHANTE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. P. V. Jadhavar AGP for Respondent Nos.1 and 2: Mr. A. R. Kale ...

CORAM :

RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

DATE :

13th September, 2022 PER COURT :

1.

The petitioner has put forth prayer Clauses 'B' and 'C' as under:- (B) By issuing appropriate writ, order or direction in like nature, may kindly issue direction against the respondent no.2 Scrutiny Committee to decide the tribe claim of the petitioner as RAJGOND Sr. No.18 scheduled tribe as early as possible or issue the validity certificate in favour of petitioner. (C) By issuing appropriate writ, order or direction in like nature, may kindly issue direction against the respondents college/university to declare the result of examination of Civil Engineering course and issue all documents i.e. passing

WP 9124-2022 certificate, marks sheet, leaving certificate and degree certificate and another necessary documents.

2.

The petitioner relies upon an earlier order passed by this Court dated 15/02/2021 (Coram : S. V. Gangapurwala and Shrikant D. Kulkarni, JJ.) in Writ Petition No.2959 of 2021 filed by Gourav Pandurang Gadamwad Vs. The State of Maharashtra and others.

3.

Considering the submissions of the petitioner and the record available, the learned AGP representing respondent Nos.1 and 2 submits that the validation proceedings would be decided by 15th November, 2022.

4.

The petitioner prays for declaration of the result of her last year Civil Engineering Course.

5.

In view of the above, this petition is disposed off with the following directions :- (A) Respondent Nos.3 and 4, as the case may be, shall declare the result of the petitioner's exam of the last year Civil

WP 9124-2022 Engineering Course held in August 2021, on or before 15/10/2022.

(B) The marks sheet pertaining to the said result shall be given to the petitioner on request.

(C) Respondent Nos.3 and 4 shall not issue the degree certificate to the petitioner until the petitioner produces the validity certificate of her Tribe claim.

(D) The petitioner would be restrained from drawing any advantage of reservation on the basis of her claim of belonging to a reserved category, until the validity certificate is produced.

(E) The Committee shall decide the pending claim of the petitioner, on or before 15/11/2022.

( ARUN R. PEDNEKER, J. ) ( RAVINDRA V. GHUGE, J. ) gawade/-.