Mohiuddin Ahmed Vaid v. State Of Maharashtra Through Its Principal Secretary Minority Development Department

Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:

2025.08.07 10:41:17 +0530 SHAGUFTA QUTBUDDIN PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1731 OF 2025 Mohiuddin Ahmed Vaid ... Petitioner

Versus

The State of Maharashtra, Through Its Principal Secretary Minority Development Department ... Respondents Ms. Sana Y. Baugwala a/w Ms. Vidhya N. Shet, Mr. Daanish M. Vaid, Mr. Mohiyuddin Y. Baugwala and Mr. Yusuf S. Baugwala i/by Vaid and Associates, for the Petitioner Mr. Rajiv Chavan, Sr. Advocate a/w Ms. Jaymala Ostwal, Mr. Ishwar, Ms. Asmi Desai, Ms. Sonam Pandey, Ms Rashmi Tiwari and Ms. Nikita Lad, for the Respondent No.1 Ms. Rebecca Gonsalvez, for the Respondent No. 2 Ms. Leena Patil, for the Respondent Nos. 3 and 4 Mr. Ruches Jaivanshi, Secretary, Minorities Development Department - is present through VC Mr. Mirza K. Baig, Asst. Superintendent, Maharashtra State Waqf Tribunal, is present in court CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

WEDNESDAY, 6 th AUGUST 2025 1/9

P.C :

Pursuant to our order dated 5th August 2025, Mr. Chavan, learned senior counsel appearing for respondent No.1, has taken instructions and submitted a chart detailing the current status of the various requirements sought to be provided for the Maharashtra State Waqf Tribunal, as on 6th August 2025. Mr. Chavan, learned senior counsel has tendered the said Chart. The same is reproduced hereinbelow for convenience: A) Web Portal Website for the tribunal developed by the NIC will be launched within 2 weeks, once DIT allots and confirms the domain URL i.e.

www.waqftribunal.maharashtra.

gov.in Letter for registration of domain for Waqf tribunal is issued on 5.08.2025 Following services will be available from the date of launch of website :- 1.

Creation of an independent, fully functional website/portal for the Waqf Tribunal with facilities for uploading the cause lists, link/s for videoconferencing and livestreaming, case status, daily orders, judgments, notices, calendar, etc.

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Case status Judgments/orders passed by the tribunal VC link uploading Notices Roznama Complete facilities for video conferencing and live-streaming to be ensured.

Hardware required for video conferencing are made available.

Any hardware required for the same will be made available within 1 month from day of demand made by the tribunal.

2.

Adequate security for the website, videoconferencing and livestreaming Website which is to be launched is developed by the NIC.

Government websites are launched after due scrutiny and NOC of the Department of IT. Security audit of the website has been done.

3.

B) Staff The department has studied staffing pattern of Maharashtra Administrative Tribunal (MAT) and it is observed that there may not be a need to create new post for system officer/ administrator urgently.

5.

Until such time as the aforesaid appointment is Creation of the post of, and appointment of a qualified System Officer/Administrator for the Waqf Tribunal on urgent basis.

4.

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made, as suggested by the Minority Development Department, a System Officer could be appointed by the Waqf Tribunal on contract basis.

The System Officer will need to be paid a salary on par with System Officers appointed for the District Courts, i.e. Rs.

40,000/- per month. The salary and the cost of advertisements for making this contractual appointment would need to be borne by the Minority Development Department. However, it must be noted that the Bombay High Court had by the Order dated 6/2/2024 passed in PIL No.15/2021, directed the State not to appoint any staff in the Waqf Tribunal on contractual basis, and to follow the Civil Manual for recruitments (Para 8 of the order).

Training has been given to Clerical staff for the same and it is being done by the staff.

MAT has multiple VC rooms.

Waqf tribunal has single VC unit.

Therefore, there is no requirement of creation of separate post for just creating link and accepting VC request.

There are 8 clerical staff approved for waqf tribunal.

Clerk can be trained for the same or Tribunal can appoint a clerical staff on contractual basis for the same. It can be done under Rs 25000/- per month.

Government will bear cost for the same.

C) Case Information System (CIS) 6.

Case Information System (CIS) of the Tribunal to be Work order for development of website was allotted to 4/9

completed immediately, since it was not developed over the last 3 years by M/s Silver Touch Technologies Ltd.

NICSI on 28.02.2022. NICSI selected M/s Silver Touch Technologies Ltd. for the same.

The website as per original work order is ready to launch.

There are some modifications in website are suggested by the Chairman, Waqf tribunal.

The Department is in touch with NIC team for making such changes.

As these recommendations are out of the scope of original work order and required expenses of about Rs 30 lakhs NIC has been directed to publish tender for the same.

Required time frame to complete the work after work order- (Total 9 weeks) Development of website work (6 weeks) Testing (2 week) Approval and launch (1 week) D) Hardware 8.

Two (2) scanner machines, two (2) photocopier machines with multifunction systems, 32 inch TV for the bench to CIS has to be compatible with the system developed by the Bombay High Court for ensuring seamless connectivity between the High Court and the Tribunal.

7.

2 TV's of 65 inches are already installed in the Tribunal.

Government has not received proposal for the purchase of 5/9

avail of the videoconferencing facility.

scanner machines and separate TV unit.

3 Samsung tablets for the members to access online filed applications already provided.

Six Microphones already provided.

Two 360 degree cameras for the verification of the Witnesses and However, the State Government will give administrative approval for purchase of these items within 1 month of receiving complete proposal. The tribunal should purchase items as per norms.

Funds will be made available.

Server to store data.

Online server to store all data is already in place MahaIT. The same was made available vide a Work order for the same which was issued on 14.10.2024. this was done to support the Website which is already created and ready to be launched hence the server facility was availed before even the website was created 10.

Online UPS 5kVA for the The State Government will give 9.

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court hall, with batteries to support the video conferencing facility.

administrative approval for purchase of these items within 2- 3 weeks days of receiving complete proposal. Funds will be made available.

High speed internet, with a minimum speed of 50 MBPS Currently there is 300 MBPS WIFI is setup, which is provided by BSNL. For any upgradation in the internet speed/change in internet plan a request to the internet service provider can be made by the Tribunal.

11.

Any other facilities required to fully facilitate video- conferencing, livestreaming, functioning of the website, and the CIS.

As mentioned above, approval to purchase all hardware will be given within 1 month from the date of complete proposal sent by tribunal. Funds will be made available.

Website will be launched within 2 Weeks. Further Development and any upgradation/ improvement is a ongoing process which can be done from time to time.

Integration of cloud, e-courts and Tribunal's website will be made within 8-9 weeks once CIS is set up by NIC/NICSI Tier-1A empaneled agency takes steps.

12.

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From the aforesaid Chart, it appears that the State Government is taking steps to ensure compliance with the requirements of the Maharashtra State Waqf Tribunal. Timelines have also been indicated therein for each item. Mr. Ruches Jaivanshi, Secretary, Minorities Development Department, has appeared before us through videoconferencing and has assured the Court that the timelines indicated in the Chart shall be adhered to.

At this stage, Ms. Rebecca Gonsalvez, learned counsel appearing for the Waqf Tribunal, submits that the Tribunal will communicate its remaining requirements to the State Government on or before Monday, i.e., 11th August 2025, so as to enable the State Government to take appropriate action and comply within the stipulated timelines. She further assures the Court that VC facilities will continue to be made available until the website of the Tribunal is created, and that there will be no impediment to 8/9

the advocates and parties appearing before the Tribunal via videoconferencing. Statement accepted. Stand over to 3rd September 2025. To be listed under the caption `For Recording Compliance.

DR. NEELA GOKHALE, J. REVATI MOHITE DERE, J. 9/9