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Bombay High CourtWP/10326/2017disposed offdismissed for default

Manisha Shivaji Tondewad v. The State Of Maharashtra And Others

2018-03-16Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.10326 OF 2017 WITH CIVIL APPLICATION NO.3844 OF 2018 Manisha Shivaji Tondewad .. Petitioner

Versus

The State of Maharashtra through its Secretary, Tribal Development Department, Mantralaya, Mumbai and ors.

.. Respondents Mr P.V. Jadhavar, Advocate for petitioner Mrs A.V. Gondhalekar, A.G.P. for respondents no.1 to 3 Mr V.S. Bedre, Advocate for respondent no.4 Mr S.B. Bhosale, Advocate for respondent no.5 CORAM : S.V. GANGAPURWALA & A.M. DHAVALE, JJ Date : 16th March 2018 PER COURT 1.

Heard learned Counsel for petitioner, learned A.G.P. for respondents no.1 to 3, learned Counsel Mr Bedre for respondent no.4 and learned Counsel Mr Bhosale for respondent no.5. 2.

It is submitted that initially, the tribe claim was submitted for verification before the Committee in March 2013, however, it was returned back on the ground that the tribe was not properly spelt. After obtaining the corrected certificate, it is again submitted to the Committee on 12th March 2018 and the same is pending. 3.

The petitioner has appeared for First Year B.A.M.S. Examination The result is withheld.

4.

Considering the above, we pass the following order: (a) Respondent no.2 Committee shall decide the validation proceeding expeditiously, preferably within six months from the date of appearance of the petitioner.

(b) The petitioner shall appear before the Committee on 27th March 2018. The petitioner shall co-operate in expeditious disposal of the validation proceeding.

(c) Respondent no.4 and 5 shall not withhold the result of the petitioner's examination only on the ground that the validation proceeding is pending and if the petitioner is otherwise eligible, shall not refrain the petitioner from prosecuting the studies of next year. 5.

Writ Petition is accordingly disposed of. No costs. 6.

In view of disposal of Writ Petition, Civil Application stands disposed of.

( A.M. DHAVALE, J.) ( S.V. GANGAPURWALA, J.) vvr