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Bombay High CourtCAW/2029/2017ca disposed off

Vishakha D/O Sudhakar Shrirame v. The Dean, Govt. Medical College And Hospital, Chandrapur And Others

2017-09-19Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

1909wp5701.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5701/2017 WITH CIVIL APPLICATION W. NO.2029/2017 Vishakha d/o Sudhakar Shrirame ...Versus...

The Dean, Govt. Medical College & Hospital, Chandrapur and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms P.D. Rane, Advocate for petitioner Shri S.M. Ghodeswar, AGP for respondent nos.1 and 3 CORAM : B.P. DHARMADHIKARI AND ARUN D. UPADHYE, JJ.

DATE : 19.09.2017

1. Heard respective Counsel.

2.

Learned Assistant Government Pleader, upon instructions, states that respondent no.3 shall complete scrutiny within one year.

3.

We direct the petitioner to appear before Scrutiny Committee on 05/10/2017 and Committee shall thereafter attempt to decide caste claim finally within one year. 4.

The petitioner is already admitted in previous year to M.B.B.S. course and has also appeared for first year examination. Her result has not been declared. 5.

Documents filed with civil application show that respondent no.1 has pointed out that in absence of caste validity, he cannot declare results.

1909wp5701.17.odt 6.

We, therefore, direct respondent nos.1 and 2 to arrange to provisionally declare result of petitioner and to give her necessary mark-sheet. Petitioner shall be permitted to appear for supplementary or other examination during pendency of her caste claim with respondent no.3.

7.

Declaration of her result or then her prosecution of studies shall be subject of final orders of respondent no.3 - Committee in the matter.

8.

Writ Petition is, thus, partly allowed and disposed of. No costs. Civil Application also stands disposed of. JUDGE JUDGE Wadkar