Citation : 2021 Latest Caselaw 2974 Bom
Judgement Date : 15 February, 2021
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 2959 OF 2021
Gourav Pandurang Gadamwad .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Mr. Pratap V. Jadhavar, Advocate for the Petitioner.
Mr. A. R. Kale, AGP for Respondent Nos. 1 and 2.
CORAM : S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATED : 15th February, 2021.
PER COURT:-
. The learned counsel for the petitioner submits that the validation
proceeding in respect of the tribe claim of the petitioner is pending
with respondent No. 2 since the year 2016. The petitioner appeared for
B. Pharmacy Final Year Examination. The mark sheet and all other
documents are withheld. Directions be given to give said documents.
2. Learned AGP on instructions submits that the respondent No. 2
committee would decide the validation proceeding within four months.
3. Considering the above, we pass the following order :-
a) The respondents No. 1, 3 and 4 shall not withhold the
mark sheet, transfer certificate and passing certificate, only on
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the ground that the validation proceedings are pending.
b) The respondents No. 3 and 4 shall not issue Degree
certificate unless and until the petitioner produces validity of his
tribe claim.
c) The petitioner shall not take further advantage of
reservation until the petitioner secures the validity certificate of
his tribe claim.
d) The respondents may take further course of action
depending upon the judgment of the Scrutiny Committee in the
validation proceeding.
4. With the above directions, the writ petition stands disposed of.
No costs.
( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA )
JUDGE JUDGE
P.S.B.
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