Bombay High Court
Ashwini Nandkishor Salunke vs The State Of Maharashtra And Others on 11 January, 2021
Bench: S.V. Gangapurwala, Shrikant D. Kulkarni
1 58-WPST-203-2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION ST. NO. 203 OF 2021
Ashwini d/o Nandkishor Salunke ...Petitioner
Versus
The State of Maharashtra and others ...Respondents
Mr S.C. Yeramwar, Advocate for Petitioner
Mr P.K. Lakhotiya, A.G.P. for Respondent-State
Mr A.S. Bayas, Advocate for Respondent No. 4
CORAM : S.V. GANGAPURWALA AND
SHRIKANT D. KULKARNI, JJ.
DATE : 11th JANUARY, 2021
PER COURT :
1. The learned Counsel submits that the caste claim of the
petitioner is pending with the Scrutiny Committee. Initially, it was filed in
the year 2014. Twice vigilance is conducted. On 1 st January, 2021, the
petitioner was directed by the Committee to obtain caste certificate from
the competent authority. The petitioner obtained caste certificate from the
competent authority and submitted it to the Committee on 8 th January,
2021. The petitioner has completed B.D.S. Course and has to undergo
one year internship. The respondents are not declaring the result and
permitting the petitioner to undergo internship.
2. The learned Counsel Mr Bayas accepts notice for respondent
No. 4. The learned Assistant Government Pleader waives notice for
respondent Nos. 1 and 2.
3. Considering the fact that initially the proposal for validation was
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2 58-WPST-203-2021
pending since the year 2014 with the Committee and fresh certificate was
directed to be submitted to the petitioner and that the petitioner has
submitted fresh certificate of the competent authority. We pass the
following order :-
ORDER
(i) The petitioner shall appear before the Scrutiny Committee on 19th January, 2021.
(ii) The Committee shall endeavour to decide the validation proceeding expeditiously and preferably within a period of four months from the date of appearance of the petitioner.
(iii) The respondents shall not withhold the result of the petitioner's final year B.D.S. examination only on the ground that validation proceeding is pending. If the petitioner is otherwise qualified to undergo internship, then the petitioner may not be refrained from prosecuting her internship only on the ground that the validation proceeding is pending.
(iv) Respondent Nos. 3 and 4 may take further course of action depending upon the judgment that would be delivered by the Committee in validation proceeding.
4. Writ petition is disposed of. No costs. [ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta ::: Uploaded on - 14/01/2021 ::: Downloaded on - 07/02/2021 10:31:58 :::