Mohammed Owais S/O Mohammed Abrar Siddique v. Divisional Caste Scrutiny Committee No.1, Nagpur And 2 Others

caw1360.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAW) NO.1360 OF 2016 IN WRIT PETITION NO.5269 OF 2014 Mohammed Owais s/o Mohammed Abrar Siddiqui ..vs..

Divisional Caste Scrutiny Committee No.1, New Administrative Building No.2, 5th Floor, Civil Lines, Nagpur and ors ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri B.M. Lonare, AGP for NA No.1/Resp.

Shri A.P. Shinde, counsel for the petitioner. Shri A.A. Naik, counsel for R-2.

CORAM

: B.P. DHARMADHIKARI & KUM. I.K. JAIN, JJ.

DATED : JULY 12, 2016.

Heard.

Learned Assistant Government Pleader Shri B.M. Lonare for non-applicant No.1/respondentScrutiny Committee is seeking extension of time to decide caste claim of the petitioner. Vide judgment delivered on 6.1.2015, in Writ Petition No.5269 of 2014, this Court has directed expeditious verification, within a period of eight months.

The petitioner continues to take the benefit of caste and in the year 2014-15, he was admitted in First Year M.B.B.S. Course.

In this situation, it is apparent that neither .....2/-

caw1360.16 non-applicant No.1/respondent-Scrutiny Committee nor the State Government can seek extension of time in such matters.

Learned Assistant Government Pleader Shri B.M. Lonare has pointed out that post of the Vigilance Officer with non-applicant No.1/respondent-Scrutiny Committee is lying vacant since last about one year. This Court has, while passing order on similar Civil Application No.2488 of 2015, extended time by six months, as last chance.

In this situation, as careers of the petitionerstudent as also of others, who may be affected if his caste claim is found improper are at stake, we therefore, direct the State Government through its Principal Secretary to fill up post of the Vigilance Officer in non-applicant No.1/respondent-Scrutiny Committee, within a period of eight weeks from today.

In peculiar situation, we extend time as prayed for but subject to compliance of the above directions. Copy of this order be furnished to learned counsel for the parties to act upon.

JUDGE JUDGE !! BRW !!

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