Amin Shah Hussain Shah v. Caste Scrutiny Committee For Social Welfare Department, Akola Division And 2 Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.491 OF 2015 (Amin Shah Hussain Shah vs. Caste Scrutiny Committee for Social Welfare Department and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI AND KUM. INDIRA JAIN, JJ.

DATED : JUNE 29, 2016 On 12/4/2016, this Court has passed the following order :

Heard Shri V.R. Chaudhari, learned Counsel for the petitioner, Ms. P.D. Rane, learned AGP for respondent no.1 and Shri Purohit, learned Counsel for respondent nos.2 and 3, for some time.

The question is whether R. & P. of Case No.2031, in which the validity has been given to Hamid Shah Hussain Shah, has been considered by respondent no.1 Committee while invalidating caste claim of the petitioner.

The learned AGP is seeking time of two weeks to produce the relevant records and to file an affidavit, if necessary.

Adjourned accordingly. List the matter on 26.04.2016."

Ms. Rane, learned Assistant Government Pleader for respondent no.1, has produced before this Court communication dated 22/6/2016 forwarded to

2/3 the office of Government Pleader stating that original records of caste verification case of Hamid Shah Hussain Shah are being traced out. In the said communication, respondent no.1 Committee has expressed readiness and willingness to re-examine the caste claim of petitioner as also caste claim of his brother Hamid Shah Hussain Shah.

Adv. V.R.Chaudhari appearing for petitioner is stated to be not available. Similarly, Adv. S.V. Purohit, who appears for respondent nos.2 and 3, is occupied elsewhere.

We find that on 2/2/2015, this Court has granted ad interim relief and protected employment of petitioner.

Hamid Shah Hussain Shah is not party before this Court. As such, this Court cannot permit respondent no.1 Committee to re-open validity given to him.

However, as respondent no.1 Committee is ready and willing to re-examine case of present petitioner, impugned order dated 14.10.2014/ 5.1.2015 is quashed and set aside. Respondent no.1 Committee is permitted to re-verify caste claim of petitioner in accordance with law in next one year. The petitioner shall appear before Committee on 19/7/2016 and abide by its further instructions in the

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Needless to mention that employment of petitioner cannot be dispensed with during pendency of proceedings before Caste Scrutiny Committee. The writ petition is thus partly allowed and disposed of. No costs.

JUDGE JUDGE khj