Shweta Dattaram Mirzapur vs The State Of Maharashtra And ...
2021 Latest Caselaw 745 Bom

                                                                                             930
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD
                           930 WRIT PETITION NO.408 OF 2021

                         SHWETA DATTARAM MIRZAPUR
                                      VERSUS
                   THE STATE OF MAHARASHTRA AND OTHERS
                                         ...
                  Advocate for Petitioner : Mr Jadhavar Pratap V.
                AGP for Respondents State: Mr. S. R. Yadav Lonikar
                   Advocate for respondent No.4: Mr. K. C. Sant


                                     CORAM       : S. V. GANGAPURWALA &
                                                   SHRIKANT D. KULKARNI, JJ.
                                     DATE        : 13th January, 2021
ORDER:

1. The learned counsel submits that validation proceeding is pending.

The petitioner has appeared for final year B.D.S. exam. His result is

withheld only on the ground that validity certificate is not submitted. The

learned counsel submits that the petitioner has to under go one year's

compulsory internship before getting the degree.

2. The learned A.G.P. accepts the notice for respondent Nos. 1 and 2.

Mr. Sant, the learned counsel waives notice for respondent No.4.

3. Considering the fact that validation proceeding is pending, we

pass the following order:

ORDER

(1) The petitioner shall appear before the Scrutiny Committee on

09.02.2021.

(2) The Committee shall endeavour to decide the validation proceeding

preferably within four months from the date of appearance of the

petitioner.

(3) Respondent Nos. 3 and 4 shall not withhold the result of the

petitioner of final year examination only on the ground that validity

certificate is not produced. In case the petitioner is otherwise

eligible, then the respondents may not refrain the petitioner from

prosecuting her internship only on the ground that validation

proceeding is pending.

(4) Degree certificate shall not be issued to the petitioner unless and

and until the petitioner produces the validation certificate.

Depending upon the judgment that would be delivered by the

Committee, the respondents may take further course of action.

4. Writ petition disposed of. No costs.

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

JPC