Madhat Masroor Maqsood Khan vs Scheduled Tribe Certificate ...
2022 Latest Caselaw 164 Bom

                                              1
                                                                             113.22WP

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                          937 WRIT PETITION NO.113 OF 2022

                 MADHAT MASROOR MAQSOOD KHAN
                                 VERSUS
          SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE
                               & OTHERS
                                    ...
               Advocate for the petitioner : Mr.S.S.Phatale
                AGP for Respondent-State : Mr.A.S.Shinde
               Advocate for respondent no.3 : Mr.K.C.Sant
                                    ...
                        CORAM : S.V.GANGAPURWALA &
                                  S.G.DIGE, JJ.

DATE : 05.01.2022 P.C. :

1] Learned counsel for the petitioner submits that caste claim of the petitioner is pending with the Committee since the year 2016. The vigilance is not yet conducted. The result of the petitioner for Fourth Year BHMS Examination is withheld. The petitioner also has to undergo internship of one year.

2] Learned AGP accepts notice for respondent no.1. Mr.K.C.Sant, learned counsel accepts notice for respondent no.3.

3] The petitioner shall appear before the Committee on 25th January, 2022. The Committee shall

113.22WP

endeavour to decide validation proceedings of the petitioner on its own merits, in accordance with law, preferably within 6 months from the date of appearance of the petitioner. The result of the petitioner of Fourth Year BHMS Examination may not be withheld only on the ground that validation proceedings of the petitioner is pending. The petitioner, if he is otherwise eligible, may not be restrained from prosecuting internship only on the ground that the validation proceedings of the petitioner is pending.

4] The respondents may take further steps depending upon the judgment that may be delivered by the Committee in the validation proceedings.

5] Writ Petition is disposed of. No costs.

[S.G.DIGE, J.] [S.V.GANGAPURWALA, J.]

DDC