Vaibhav Vnayak Daswante v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11078 OF 2019 Vaibhav Vinayak Daswante .. Petitioner

Versus

The State of Maharashtra and Others .. Respondents Mr. O. B. Boinwad, Advocate for Petitioner.

Mr. V. M. Kagne, AGP for Respondents-State.

Mr. K.C. Sant, Advocate for Respondent No. 2. CORAM :

S. V. GANGAPURWALA & ANIL S. KILOR, JJ.

DATED : 09th SEPTEMBER, 2019.

PER COURT:- 1.

The learned Counsel for the petitioner submits that the validation proceeding in respect of the tribe claim of the petitioner is pending. The result of the petitioner's second year M. B. B. S. examination is withheld. 2.

The validation proceeding is pending since February 2018 i.e. when the fresh tribe certificate is submitted.

3.

Considering the above, we pass the following order. 4.

The respondent No. 4 shall decide the validation proceeding in respect of the tribe claim of the petitioner on its own merits, expeditiously and preferably within a period of six (06) months from the date of appearance of the petitioner. The petitioner shall appear before the committee on

2 26-WP11078-19.doc 19.09.2019. The respondent Nos. 2 and 3 shall not withhold the result of the petitioner's examination only on the ground that validation proceeding is pending. The respondent Nos. 2 and 3 may take further course of action depending upon the judgment that would be delivered by the committee. 5.

Writ Petition is disposed of. No costs.

( ANIL S. KILOR ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.