Mahesh Venkatrao Govindwar v. The State Of Maharashtra And Others

1 wp 13512.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13512 OF 2018 MAHESH VENKATRAO GOVINDWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner :

Mr. Thorat Chandrakant R.

Addl.GP for Respondents No. 1 to 3 :

Mr. S. B. Yawalkar ...

WITH CA/7658/2019 IN WP/13512/2018 ...

CORAM:S. V. GANGAPURWALA & AVINASH G. GHAROTE, JJ.

DATE: 04 th NOVEMBER, 2019 PER COURT:

1.

The validation proceeding in respect of the tribe claim of the petitioner is pending. The petitioner was admitted to the engineering course. The admission has been cancelled upon non submission of validity within the stipulated period.

2.

Mr. Thorat, learned counsel for the petitioner submits that the admission of the

2 wp 13512.18 petitioner be directed to be restored. The petitioner has also appeared before the committee, however, the committee is not deciding the same though directed by this Court.

3.

According to Mr. Yawalkar, learned Additional Government Pleader, matter with the committee is at the stage of vigilance.

4.

The rules for the admission to the first year engineering course 2018 - 2019 requires validity certificate to be submitted, in case, the admission is from the reserved category. The petitioner was admitted from the reserved category. As the petitioner could not submit validity within the stipulated period the admission was cancelled under the impugned communication dated 01.12.2018. The admission of the petitioner was also not protected under the interim order of this Court.

5.

As the rules require submission of validity for a student admitted from reserved category and the petitioner could not submit the validity

3 wp 13512.18 within stipulated period we cannot come to the aid of the petitioner. However, the committee is directed to decide the said proceeding, if not decided, within a period of three (03) months from today. If the proceedings are not decided within three (03) months from today, the members of the committee would make themselves liable for contempt of the orders of this Court.

6.

Writ Petition accordingly stands disposed off. No costs.

7.

In view of disposal of the writ petition, the civil application also stands disposed off.

[AVINASH G. GHAROTE, J.] [S. V. GANGAPURWALA, J.] marathe