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Bombay High CourtWP/9934/2023disposed off

Devidas Maruti Renewad v. The State Of Maharashtra Through Its Principal Secretary And Others

2023-08-24Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Shailesh P. Brahme2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 WRIT PETITION NO. 9934 OF 2023 DEVIDAS MARUTI RENEWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Boinwad Omgashad B. AGP for Respondent/s - State : Mr. S.G. Sangale Advocate for Respondent No. 2 : Mr. K.M. Suryawanshi ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 24 AUGUST 2023 PER COURT :

Leave granted to correct the name of the respondent no. 3. Amendment to be carried out forthwith.

2.

We have heard both the sides.

3.

The petitioner is coming with following prayers : "B) By issuing appropriate writ, order of direction in like of nature the Respondent Nos.2 and 3 (College and University) may kindly be directed to issue internship completion certificate, Degree Certificate and all original necessary documents to the petitioner. C) The Respondent No.4 i.e. Scrutiny Committee, Kinwat having office at Aurangabad may kindly be directed to decide the Tribe Claim of the petitioner at the earliest or issue validity certificate in favor of petitioner."

4.

The petitioner who has completed the BAMS course against a reserved seat is aggrieved by the fact that the College is not issuing the internship completion certificate and not returning the original documents only for the reason that the tribe claim pending with the Scrutiny Committee has not been decided.

5.

The petitioner cannot be held to be at fault if the Scrutiny Committee does not decide his proposal for issuance of certificate of validity. The fact remains that admittedly, he has completed the course and is now aspiring for further education at the post graduation level. 6.

We, therefore, dispose of the Writ Petition by directing respondent no. 4 - Scrutiny Committee to decide the petitioner's proposal as expeditiously as possible and in any case within a period of two months from today. The respondent no. 3 shall issue necessary certificates including internship completion certificate and return the original documents to the petitioner, however, no degree certificate shall be issued till his claim is validated.

[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] spc/