Ayesha Kasim Shaikh 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. 11161 OF 2017 Ayesha Kasim Shaikh .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Ameya N. Sabanis, Advocate for the Petitioner. Shri S. B. Pulkundwar, A.G.P. for Respondent Nos. 1 and 2. Shri Chandrakant Jadhav, Advocate for the respondent No. 3. CORAM : S. V. GANGAPURWALA AND MANGESH S. PATIL, JJ.

DATE : 13TH SEPTEMBER, 2017.

FINAL ORDER :

.

Issue notice to respondents. The learned Assistant Government Pleader accepts notice for respondent Nos. 1 and 2. Mr. Jadhav, the learned counsel accepts notice for the respondent No. 3.

2.

Mr. Sabnis, the learned counsel for the petitioner submits that, validation proceedings in respect of caste claim of the petitioner are pending with the respondent No. 2/Committee since December 2015. The learned counsel further submits that, the petitioner is not allowed to sit in Ist year B.A.M.S. exam only on the ground that validation proceedings are pending.

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It is not in the hands of a litigant to get decided the validation proceedings. Considering the above, we pass following order.

4.

The respondent No. 2/Committee shall decide the validation proceedings in respect of caste claim of the petitioner expeditiously and preferably within a period of nine (09) months from today. The petitioner shall co-operate in expeditious disposal of the validation proceedings. If petitioner is admitted to B.A.M.S. course, then the respondent No. 3 shall not refuse to accept examination form of the petitioner and issue eligibility certificate only on the ground that validation proceedings are pending. The writ petition is disposed of. No costs. Parties to act on authenticate copy.

[MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.] bsb/Sept. 17