Shirish Gulab Baviskar v. Scheduled Tribe Certificate Through Member Secretary And Others

(1) 920-wp-9558-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 WRIT PETITION NO.9558 OF 2019 SHIRISH GULAB BAVISKAR ..PETITIONER

VERSUS

SCHEDULED TRIBE CERTIFICATE THROUGH MEMBER SECRETARY AND OTHERS ..RESPONDENTS ...

Mr. Sagar S. Phatale, Advocate for the Petitioner. Mr. P. S. Patil, AGP for Respondents-State.

Mr. Y. B. Bolkar, Advocate for Respondent No.2. ...

CORAM : S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATED : 01st AUGUST, 2019.

PER COURT:- 1.

The learned counsel submits that the validation proceedings in respect of the tribe claim of the petitioner is pending since April 2018, the same is not yet decided. The result of the petitioner's examination is withheld and the petitioner is not allowed to take admission in the 4th year of B.E. Course.

2.

The learned A.G.P. accepts notice for respondent no.1. Mr. Bolkar, learned counsel accepts notice for respondent no.2.

3.

The respondent no.1 shall decide the validation proceedings in respect of the tribe

(2) 920-wp-9558-2019 claim of the petitioner expeditiously and preferably within a period of six months from the date of appearance of the petitioner. The petitioner shall appear before the committee on 09.08.2019. The respondent nos.2 and 3 shall not withhold the result of the petitioner's examination only on the ground that his validation proceeding is pending. In case, the petitioner is otherwise eligible, the petitioner may not be refrained from taking admission in the 4th year only on the ground that his validation proceeding is pending. The respondent nos.2 and 3 may take further course of action depending upon the judgment that would be delivered by the committee in the validation proceedings.

3.

Writ Petition is disposed of. No costs.

(MANGESH S. PATIL) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/August-19