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Bombay High CourtWP/11387/2017disposed offdismissed for default

Siddharth Sanjay Kachhava v. The State Of Maharashtra And Others

2017-09-19Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice K. K. Sonawane2 pages

1 wp 11387.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11387 OF 2017 Siddharth Sanjay Kachhava .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Paresh B. Patil, Advocate for the Petitioner. Shri S. W. Mundhe, A.G.P. for Respondent Nos. 1 and 2. Shr Y. B. Bolkar, Advocate for the Respondent No. 3. CORAM : S. V. GANGAPURWALA AND K. K. SONWANE, JJ.

DATE : 19TH SEPTEMBER, 2017.

FINAL ORDER :

.

The learned Assistant Government Pleader appears for respondent Nos. 1 and 2. Mr. Bolkar, the learned counsel appears for the respondent No. 3/university.

2.

It is submitted that, the validation proceeding in respect of caste claim of the petitioner is pending since the year 2015. Only on the ground that validation proceeding is pending, result of the petitioner for the Ist year is not declared, nor the petitioner is being given admission in the II year.

3.

Mr. Bolkar, the learned counsel for the respondent No.

2 wp 11387.17 3/university submits that, as the petitioner has not yet submitted the validity, the mark sheet is rightly withheld. 4.

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

5.

The respondent No. 2/Committee shall decide the validation proceeding in respect of caste claim of the petitioner expeditiously and preferably within a period of eight (08) months from today. The petitioner shall co-operate in expeditious disposal of said proceeding. Till the validation proceeding is decided, the respondent No. 3 shall not withhold the mark sheet of the petitioner and if he is otherwise eligible shall not refuse to admit the petitioner in II year. The respondent Nos. 3 and 4 can take further course of action on the basis of judgment that would be delivered by the Committee in the validation proceeding. The writ petition as such is disposed of. No costs. [K. K. SONWANE, J.] [S. V. GANGAPURWALA, J.] bsb/Sept. 17