Nidhi Sanjay Gore vs The State Of Maharashtra And ...
2021 Latest Caselaw 1866 Bom

                                           1                                            958.odt

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                       958 WRIT PETITION NO.1633 OF 2021

                             NIDHI SANJAY GORE
                                   VERSUS
                 THE STATE OF MAHARASHTRA AND OTHERS
                                        ...
                Advocate for the Petitioner : Shri O. B. Boinwad
                   AGP for Respondents : Shri S. K. Tambe
                                        ...

                               CORAM :      S. V. GANGAPURWALA &
                                            SHRIKANT D. KULKARNI, JJ.

                               DATE :       28th JANUARY, 2021

                                    ...
PER COURT :

1.   The learned             counsel      submits   that the petitioners                 have

appeared for BDS fnal year examination. The result is withheld on

the ground that validity certifcate is not submitted. Respondent No.

4 -Committee is not deciding the validation proceeding. The

vigilance is also not yet conducted. The learned counsel submits

that this Court under order dated 03/03/2017 in Writ Petition No.

160/2017 fled by the petitioner had directed the Committee to

decide the proceedings expeditiously within nine months from the

date of appearance of the petitioner. More than three years have

lapsed, but the claim is not decided by the Committee.

2. The learned AGP accepts notice for the respondents.

2 958.odt

3. It is not disputed that after the petitioner completes the fnal

year of BDS, the petitioner has to undergo to internship.

4. In light of the above, we pass the following order.

5. The Committee shall conclude the validation proceedings

within four months from the date, the petitioner appears before the

Committee.

6. The petitioner shall appear before the Committee on

16/02/2021. In case, the Committee does not decide proceedings

within the stipulation period of four months, then we would take a

serious view of the same and the members of respondent No. 4

would make themselves liable for contempt.

7. Respondents No. 2 and 3 shall not withhold result of BDS fnal

year examination only on the ground that validation proceeding is

pending. In case the petitioner is otherwise eligible, then the

respondents shall not refrain the petitioner from prosecuting her

internship only on the ground that the validation proceeding is

pending.

8. The respondents shall take further course of action depending

upon the judgment that would be delivered by the Committee in

validation proceeding.

3 958.odt

9. Writ Petition is disposed of. No costs.

(SHRIKANT D. KULKARNI, J.) (S. V. GANGAPURWALA, J.)

shp/-