Girish Balwantrao Pakalwad vs The State Of Maharashtra And ...
2021 Latest Caselaw 7396 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

                     909 WRIT PETITION NO. 6346 OF 2021
                                    WITH
                     CIVIL APPLICATION NO. 4820 OF 2021

                     GIRISH BALWANTRAO PAKALWAD
                                 VERSUS
                THE STATE OF MAHARASHTRA AND OTHERS
                                    ...
              Advocate for Applicant : Mr. M.A. Golegaonkar
               AGP for Respondents-State: Mr. S. B. Yawalkar
              Advocate for Respondent no.3 : Mr. K. C. Sant

                                     AND
                      918 WRIT PETITION NO.6351 OF 2021

                     SHRAWANI VITTHAL GONEWAD
                                 VERSUS
               THE STATE OF MAHARASHTRA AND OTHERS
                                    ...
              Advocate for Applicant : Mr. M.A. Golegaonkar
                AGP for Respondents-State: Mr. S. P. Tiwari
              Advocate for Respondent no.3 : Mr. K. C. Sant
                                    ...

                                    CORAM : S. V. GANGAPURWALA &
                                              SHRIKANT D. KULKARNI, JJ.
                                    DATED : 7th MAY , 2021.
                                        ...
PER COURT :



1.       The grievance of the petitioners is that the tribe validation

proceedings are pending with the scrutiny committee.                                The

result of the fnal year MBBS examination is withheld only on the

ground that the validation proceedings are pending.                                 The




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petitioners require to complete their internship also.



2.         It is trite that unless the internship is completed, no right

would be created in favour of the petitioners.               The validation

proceedings are pending.



3.         In view of above, we pass following order :



                                      ORDER

I) The respondent no.2 committee shall decide the validation

proceedings in respect of tribe claim of the petitioners

expeditiously, preferably within a period of 6 months from the

date of appearance of the petitioners.

II) The petitioners shall appear before the committee on 17 th

June, 2021.

III) Respondent nos. 3 & 4 shall not withhold the result of the

petitioners fnal year MBBS examination only on the ground that

validation proceedings are pending. In case the petitioners are

otherwise eligible, then the petitioners may not be refrained

from prosecuting their internship.

IV) The respondents may take further course of action

depending upon judgment that would be delivered by the

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committee in the validation proceedings.

V)        Writ Petitions are disposed of.

VI)       In view of disposal of writ petitions, civil application also

stands disposed of.




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


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