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Bombay High CourtWP/7357/2013disposed offdismissed for default

Kiran Sureshrao Perke v. The State Of Maharashtra And Others

2015-01-14Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.L. Achliya3 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.7357 OF 2013 Kum.Kiran D/o Sureshrao Perke Vs. The State of Maharashtra and others.

Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.V.R.Jain(Kamboj), advocate for the petitioner. Mr.K.G.Patil, Addl. Govt. Pleader for the State. Mr.K.C.Sant, advocate for Respondent No.4.

Mr.K.D.Bade Patil, advocate for Respondent No.5. CORAM : S.V.GANGAPURWALA & V.L.ACHLIYA,JJ.

Date : 14.01.2015.

PER COURT :

1.

Heard.

2.

The validation proceedings in respect of tribe claim of the petitioner is pending consideration. Mr.Bade Patil, learned counsel informs that it would take some time to decide the said proceedings. Mr.Jain, learned counsel submits that pursuant to the interim orders passed by this Court, the petitioner was considered for admission to the MBBS course and is admitted in the MBBS course. Now the examination of the 2nd year MBBS course is to commence from 20.1.2015. The Respondents are not allowing to

attend the College.

3.

Considering the aforesaid aspect of the matter, we pass the following order :

a) The Respondent No.5 Committee shall decide the validation proceedings in respect of the tribe claim of the petitioner expeditiously and within a period of nine (9) months from the date of this order. The petitioner shall cooperate in expeditious disposal of the said proceedings. The Respondents shall not insist upon the petitioner for payment of fees only on the ground that validation proceedings are pending. The Respondent Nos.3 and 4 can demand the fees in case the petitioner fails in the validation proceedings. If the petitioner is otherwise eligible and qualified, she shall not be refrained from prosecuting further studies and appearing for the examination only on the ground that the validation proceedings are pending.

b) The Writ Petition is disposed of with aforesaid directions and observations. No costs.

c) Authenticated copy be given.

(V.L.ACHLIYA,J.) (S.V.GANGAPURWALA,J.) Dt..14.01.2015.

asp/office/wp7357.13