Shubham Shankar Dugamwar vs The State Of Maharashtra Thr Its ...
2021 Latest Caselaw 17447 Bom

                                  (1)                            1008-cp-326-2021




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                         CONT. PETITION NO.326 OF 2021
                               IN WP/4414/2020

 SHUBHAM SHANKAR DUGAMWAR                                 ..PETITIONER

                  VERSUS

 THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS
                             ...
 Mr. Madhur A. Golegaonkar, Advocate for the Petitioner.
 Mr. P. K. Lakhotiya, AGP for Respondents-State.
 Mr. V. R. Dhorde h/f Mr. S. V. Bhopi, Advocate for Respondent Nos.2
 and 3.
                                        ...

                                        CORAM : S. V. GANGAPURWALA &
                                                S. G. DIGE, JJ.

DATED : 15th DECEMBER, 2021.

PER COURT:-

1. We have heard Mr. Golegaonkar, learned counsel for the petitioner and Mr. Dhorde, learned counsel for respondent nos.2 and

3.

2. The petitioner seeks compliance of the order passed by this Court on 16.06.2020 in Writ Petition Stamp No.10734/2020. Under the said order we had observed that, the petitioner may not be restrained from prosecuting his internship only on the ground that validation proceeding is pending.

3. It is contended that, respondents are not allowing the petitioner to continue with the internship.

(2) 1008-cp-326-2021

4. Mr. Dhorde, learned counsel for respondent nos.2 and 3 submits that, the petitioner is in default of payment of fees of Rs.8,86,000/- and odd. He had given undertaking that, he would be paying entire fees and he would be responsible for it. The petitioner had even issued cheque for the said amount. The cheque is dishonoured.

5. The fact remains that, validation proceeding of the petitioner is still pending and is not yet decided.

6. The learned A.G.P. submits that, the hearing will have to be conducted afresh and the Committee can decide the proceeding within a period of one month.

7. The petitioner shall appear before the Committee on 28.12.2021. The Committee shall thereafter decide the proceeding preferably within a period of one month from the date of appearance of the petitioner.

8. The respondent-College may not refrain the petitioner from continuing with the internship only on the ground that validity certificate is not submitted and/or the fees is not paid.

9. Depending upon the judgment that may be delivered by the Committee the further steps may be taken by respondents. In case, the claim of the petitioner is invalidated, then certainly respondent nos.2 and 3 may claim for the fees before the petitioner continues with the internship further. The Committee shall intimate and forward the copy of the judgment to respondent nos.2 and 3.

(3) 1008-cp-326-2021

10. With the aforesaid observations and directions, Contempt Petition is disposed of. No costs.

          (S. G. DIGE)                            (S. V. GANGAPURWALA)
             JUDGE                                          JUDGE


 Devendra/December-2021