Priyanka Lakhesing Patil v. The State Of Maharashtra And Others

1 WP 13052.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13052 OF 2017 Priyanka Lakhesing Patil .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Y. B. Bolkar, Advocate for the Petitioner. Shri C. S. Kulkarni, A.G.P. for Respondent Nos. 1 to 3. Shri V. P. Golewar, Advocate h/f Shri A. R. Joshi, Advocate for the Respondent No. 5.

The Respondent No. 4 served - absent.

CORAM : S. V. GANGAPURWALA AND S. M. GAVHANE, JJ.

DATE : 22ND NOVEMBER, 2017.

FINAL ORDER :

.

The learned Assistant Government Pleader states that, the Director of Technical Education has already issued letters to the institutions to protect the admission of students whose proposals seeking validity to their caste/tribe certificates are pending. 2.

It is submitted that, validation proceeding in respect of caste claim of the petitioner is pending with the respondent/committee since April 2015. The same is not yet decided and the college has issued letter directing the petitioner to submit validity or else action would be taken.

2 WP 13052.17 3.

We have also heard the learned A. G. P. and Mr. Golewar, the learned counsel for the respondent No. 5. None appears for the respondent No. 4, though served.

4.

In view of the fact that, validation proceeding in respect of caste claim of the petitioner is pending, we pass following order. 5.

The respondent No. 2 shall decide the validation proceeding 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 said proceeding. The petitioner shall appear before the Committee on 06th December, 2017. The impugned notice is quashed and set aside. The respondents shall not take any adverse action against the petitioner during the pendency of validation proceeding and if petitioner is otherwise eligible shall not refrain the petitioner from appearing in the examination and prosecuting further studies only on the ground that validation proceeding is pending. The respondent Nos. 3 to 5 may take further course of action depending upon the judgment that may be delivered by the Committee in the validation proceedings. The writ petition is disposed of. No costs.

[S. M. GAVHANE, J.] [S. V. GANGAPURWALA, J.] bsb/Nov. 17