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Bombay High CourtWP/12769/2017disposed offdismissed for default

Nilam Sudhakar Sapkale v. The State Of Maharashtra And Others

2017-11-23Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. M. Gavhane3 pages

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12769 OF 2017 Nilam Sudhakar Sapkale ..

Petitioner

Versus

The State of Maharashtra & ors.

..

Respondents WITH WRIT PETITION NO. 12776 OF 2017 Dinesh Lalchand Ingle ..

Petitioner

Versus

The State of Maharashtra & ors.

..

Respondents Mr.Anandsingh Bayas, Advocate for the petitioners. Mr.P.S. Patil, AGP for respondent/State.

Mr.S.G. Rudrawar, Advocate for respondent No.3. CORAM : S.V.GANGAPURWALA & S.M.GAVHANE,JJ.

DATED :

23.11.2017 P.C. :- 1.

Mr. Bayas, learned advocate submits that validation proceedings in respect of tribe claims are pending with the committee of petitioner in Writ Petition No.12769 of 2017 since May, 2014 and petitioner in Writ petition No.12776 of 2017 since November, 2016. The same are not yet decided. Respondent No.3 has issued notice stating that if the validity is not received, then admissions would be cancelled and that the petitioners will have to pay full fees.

( 2 ) 2.

Mr. Rudrawar, learned advocate for respondent No.3 submits that the petitioners have secured admissions from the reserved category and they had given undertaking to file validity certificate within six months. Having failed to do so, are liable to pay full fees. 3.

Getting the proceedings decided within stipulated period is not in the hands of litigants. Considering the above, we pass following order :- a) Respondent No.2 - Committee shall decide validation proceedings in respect of tribe claim of the petitioner expeditiously, preferably within eight months. The petitioners shall co-operate in expeditious disposal of the said proceedings.

b) The petitioners shall appear before the Committee on 5th December, 2017.

c) Respondent No.3 shall not refrain the petitioners from prosecuting further studies and appearing for examination in-case the petitioners are otherwise eligible, only on the ground that validation proceedings are pending. d) Respondent No.3 can take further course of action depending upon judgment that may be delivered by the Committee in the validation proceedings.

( 3 ) 4.

The writ petitions are accordingly disposed of. No costs.

[S.M.GAVHANE,J.] [S.V.GANGAPURWALA,J.] /2017/ 17/ snk NOV