Swapna Narsinhrao Ambatwad v. The State Of Maharashtra And Others

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12858 OF 2017 SWAPNA NARSINHRAO AMBATWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr.S.B.Bhapkar, Advocate h/f Mr.P.B.Rakhunde, Advocate for the petitioner Mr.P.S.Patil, AGP for the respondent/State CORAM : S.V. GANGAPURWALA & S.M. GAVHANE, JJ.

DATED :

06.11.2017 P.C. :- .

Issue notice to the respondents.

2.

Learned AGP waives service of notice for respondent Nos. 1 to 3.

3.

Mr. Vibhute, learned counsel submits that he served respondent No.4.

4.

It is stated that validation proceedings in respect of the tribe claim of the petitioner is pending with respondent No.2 Committee. The petitioner had appeared for examination of 1st year of M.B.B.S. Course. The result is withheld only on the ground that he has not submitted the validity certificate.

( 2 ) 5.

We have heard learned AGP.

6.

It appears that earlier caste certificate was cancelled on the ground of wrong spelling of tribe being mentioned in the certificate. Subsequently corrected certificate is obtained and the same is referred to the Committee on 06.07.2017.

7.

Considering the above facts, we pass the following order.

ORDER

i.

The Committee shall decide the validation proceedings in respect of the tribe claim of the petitioner expeditiously, preferably within a period of nine months.

ii.

The petitioner shall cooperate in expeditious disposal of the said proposal.

iii.

The petitioner shall appear before the Committee on 22.11.2017.

( 3 ) iv.

Respondent Nos.3 and 4 shall not withhold the result of the petitioner's exam and if the petitioner is otherwise eligible shall not refuse to allow to prosecute the studies in the next year only on the ground that validation proceedings are pending.

v.

The writ petition accordingly stands disposed of. No costs.

[S.M. GAVHANE, J.] [S.V. GANGAPURWALA, J.] / VishalK wp12858.17