Urmila Chandrakant Baviskar v. The State Of Mahrashtra And Others

(1) 93-wp-11168-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 93 WRIT PETITION NO.11168 OF 2019 URMILA CHANDRAKANT BAVISKAR ..PETITIONER

VERSUS

THE STATE OF MAHRASHTRA AND OTHERS ..RESPONDENTS ...

Mr. Estling S. Murge, Advocate for the Petitioner. Mr. V. M. Kagne, AGP for Respondents-State.

Mr. Jayant R. Patil, Advocate for Respondent No.3. ...

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 with respondent no.2. The result of the petitioner of B.A.M.S. 2nd year examination is withheld. 2.

The learned A.G.P. accepts notice for respondent nos.1 and 2. Mr. Patil, learned counsel accepts notice for respondent no.3.

3.

Considering the above, we pass the following order:

ORDER

(i) The respondent no.2 shall decide the validation proceeding in respect of the

(2) 93-wp-11168-2019 tribe claim of the petitioner expeditiously and preferably within a period of four months from the date of appearance of the petitioner.

The petitioner shall appear before the committee on 23.09.2019. The respondent nos.3 and 4 shall not withhold the result of the petitioner only on the ground that validation proceeding is pending.

(ii) In case, petitioner is otherwise eligible, then the petitioner shall not be refrained from prosecuting studies in the next year only on the ground that validation proceeding is pending.

(iii) The respondents can take further course of action depending upon the judgment that would be delivered by the committee in the validation proceeding.

4.

Writ Petition is disposed of. No costs.

(ANIL S. KILOR) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/September-19