Amar Deep Baliram Boinwad v. The State Of Maharashtra And Others

1 wp 11748.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11748 OF 2017 Amar-deep Baliram Boinwad .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Suresh M. Kulkarni, Advocate for the Petitioner. Mrs. A. V. Gondhalekar, Addl.G.P. for Respondent Nos. 1, 2 and 4.

Shri S. B. Bhosale, Advocate for the Respondent No. 3. CORAM : S. V. GANGAPURWALA AND MANGESH S. PATIL, JJ.

DATE : 26TH SEPTEMBER, 2017.

FINAL ORDER :

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The contention of the petitioner is that, his validation proceeding in respect of tribe claim is pending. The petitioner is given admission to the I year B.A.M.S. course from reserved category. His examination form is not being accepted only on the ground that validation proceeding is pending. 2.

We have heard the learned Additional Government Pleader for respondent Nos. 1, 2 and 4 and the learned counsel for the respondent No. 3.

2 wp 11748.17 3.

Considering the fact that, validation proceeding is pending since March 2016, we pass the following order. 4.

The respondent No. 2/Committee shall decide the validation proceeding in respect of tribe 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 said proceedings. In case the petitioner is otherwise eligible, the respondent Nos. 3 and 4 shall not refuse to accept the examination form of the petitioner only on the ground that validation proceeding is pending. So also after the result is declared, in case the petitioner is otherwise eligible, then he shall not be refrained from prosecuting his further studies for the next year only on the ground that validation proceeding is pending. The writ petition is disposed of. No costs.

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