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Bombay High CourtWP/10545/2017disposed offdismissed for default

Sonali Lahu Boyane v. The State Of Maharashtra And Others

2017-11-03Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10545 OF 2017 Sonali Lahu Boyane .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Pratap G. Rodge, Advocate for the Petitioner. Shri K. D. Mundhe, A.G.P. for Respondent Nos. 1 to 3. Shri A. D. Aghav, Advocate for the Respondent No. 4. Shri Amit A. Yadkikar, Advocate for the Respondent No. 5. CORAM : S. V. GANGAPURWALA AND SMT. VIBHA KANKANWADI, JJ.

DATE : 03RD NOVEMBER, 2017.

FINAL ORDER :

.

The Tribe claim of the petitioner is pending verification with the Committee since September 2015. It is submitted by the learned counsel for the petitioner that, the college is demanding payment of full fees from the petitioner on the ground that validity certificate is not submitted.

2.

The learned Assistant Government Pleader on instructions states that, validation proceeding would be decided within a period of six (06) months from today. We have also heard the learned counsel for respondent/university and college.

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Considering the fact that, validation proceeding is pending since September 2015, we pass following order. 4.

The respondent No. 3/Committee shall decide the validation proceedings in respect of tribe claim of the petitioner expeditiously and preferably within a period of six (06) months from today. The petitioner shall co-operate in expeditious disposal of the said proceeding. The petitioner shall appear before the Committee on 21st November, 2017. The petitioner shall submit an undertaking to the respondent/college that in case her tribe claim is invalidated, then the petitioner would pay full fees to the respondent/college.

5.

Till the validation proceeding is decided, the respondent/college shall not claim full fees from the petitioner. The respondent/college is at liberty to take further course of action depending upon the judgment that would be delivered in the validation proceeding. The writ petition accordingly is disposed of. No costs.

[SMT. VIBHA KANKANWADI,J.] [S. V. GANGAPURWALA,J.] bsb/Nov. 17