Prathmesh Madhavrao Boinwad v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 59 WRIT PETITION NO.13023 OF 2018 PRATHMESH MADHAVRAO BOINWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Jadhavar Pratap V. Addl.G.P. for Respondents State: Mrs. A. V. Gondhalekar Advocate for Respondent No.3 : Mrs. Vishant P. Kadam Advocate for Respondent No.4 : Mr. V.D. Patnurkar

CORAM

: S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 14th February, 2019 PER COURT :

1.

Learned Advocate for the petitioner submits that the petitioner is admitted to the 1st Year B.Sc. Agri. Course. Validation proceedings in respect of the tribe claim of the petitioner is pending with the Committee. The college is insisting for the validity certificate, else the action would be taken. The learned counsel for the petitioner submits that the respondent Committee be directed to decide the same expeditiously. 2.

We have heard the learned counsel for the respective parties.

3.

Considering the above we pass the following order:

1/2

(a) The respondent No.2 Committee shall decide the validation proceedings in respect of the tribe claim of the petitioner as belonging to " Koli Mahadev" Scheduled Tribe,expeditiously, preferably within six months on its own merits. The petitioner shall appear before the the Committee on 5th March, 2019.

(b) Respondent Nos. 3 and 4 shall not take any coercive action against the petitioner and shall not refrain the petitioner from prosecuting studies only on the ground that his validation proceedings are pending.

(c) The respondents may take further course of action depending upon the judgment that would be delivered by the Committee in the validation proceedings. (d) Writ petition is disposed of. No costs.

(A. M.DHAVALE,J.) (S.V.GANGAPURWALA, J.) JPC 2/2