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Bombay High CourtWP/10473/2017disposed offdismissed for default

Fakir Rubina Bashir Shaha v. Divisional Caste Scrutiny Committee No 2 Dhule And Others

2018-03-05Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale2 pages

1 Sr115WP10473.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

WRIT PETITION NO. 10473 OF 2017 Fakir Rubina Bashir Shah ... Petitioner

VERSUS

Divisional Caste Scrutiny Committee, Dhule & Ors.

... Respondents ..........

Mr H. A. Joshi, Advocate for the petitioner Mr A. S. Shinde, AGP for respondent/State .............

CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 05TH MARCH, 2018.

ORDER:

1.

The validation proceeding in respect of the caste claim of the petitioner is pending.

2.

The grievance of the petitioner is that the result of the petitioner's examination is not being declared on the ground that the validity is not submitted.

3.

We have heard the learned Assistant Government Pleader and Shri. Choudhari, learned counsel for respondent. 4.

To get the validation proceeding decided within the stipulated period is not in the hands of the litigant.

2 Sr115WP10473.2017 5.

Considering the above, we pass the following order.

ORDER

(i) Respondent No. 1-Committee shall decide the validation proceeding in respect of the caste claim of the petitioner expeditiously, preferably within nine months from the date of appearance of the petitioner.

(ii) The petitioner shall appear before the Committee on 19.03.2018.

(iii) The petitioner shall cooperate in expeditious disposal of the proceeding.

(iv) The respondents No. 2 and 3 shall not withhold the result of the petitioner's examination only on the ground that the validation proceeding is pending.

(v) Respondents No. 2 and 3 shall take further course of action depending upon the judgment that would be delivered by the Committee.

6.

Writ Petition is, accordingly, disposed of. No costs. [ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE Punde