SHAIKH HAMID SK. HANIF ETC. ETC Vs. SALIM BAIG YUSUF BAIG and ORS. ETC. ETC.
EmailAppeal: CIVIL APPEAL NOs. 7311-7312 OF 2016
Petitioner: SHAIKH HAMID SK. HANIF ETC. ETC
Respondent: SALIM BAIG YUSUF BAIG and ORS. ETC. ETC.
Judges: KURIAN JOSEPH , ROHINTON FALI NARIMAN
Date of Judgment: Aug 05, 2016
JUDGEMENT:
NON- CIVIL APPELLATE JURISDICTION
I.A.NO. 7 OF 2016 IN CIVIL APPEAL NOs. 7311-7312 OF 2016 [@ SPECIAL LEAVE PETITION NOS. 15211-15212 OF 2015]
SHAIKH HAMID SK. HANIF ETC. ETC. Appellant(s)
VERSUS
SALIM BAIG YUSUF BAIG & ORS. ETC. ETC. Respondent(s)
J U D G M E N T KURIAN, J. 1. Leave granted. 2. The appellants are aggrieved by the impugned order, whereby the High Court remitted the scrutiny of the caste verification of the appellants to the Scrutiny Committee. 3. The learned senior counsel appearing for the appellants rightly submits that the Scrutiny Committee does not have the power of review. But, on a close scrutiny of the impugned order, it is clear that the High Court intended the Committee to look into the matter afresh and not to exercise the power of review. 4. Anyway, for the purpose of completion of the records, we set aside the impugned order dated 20.01.2012 of the Divisional Caste Certificate Verification Committee, Amaravati and subsequent order dated 26.08.2013 of the Divisional Caste Certificate Verification Committee, Amaravati. Rest of the directions of the High Court regarding verification are sustained. 5. However, it is made clear that the status quo, as on today, will continue with regard to the status of the appellants, till the matter is finally disposed of by the High Court. 6. It is informed that the term is going to expire in January, 2017. We direct the Scrutiny Committee to complete the proceedings within six weeks from the date of production of a copy of this Judgment by either party and thereafter, the High Court may dispose of the writ petition within another four weeks. 7. With the above observations and directions, these appeals are disposed of. I.A. No. 7 for vacating stay is also disposed of. No costs. …………………..J. [ KURIAN JOSEPH ]
…………………..J. [ ROHINTON FALI NARIMAN ]
New Delhi; August 05, 2016.
I.A.NO. 7 OF 2016 IN CIVIL APPEAL NOs. 7311-7312 OF 2016 [@ SPECIAL LEAVE PETITION NOS. 15211-15212 OF 2015]
SHAIKH HAMID SK. HANIF ETC. ETC. Appellant(s)
VERSUS
SALIM BAIG YUSUF BAIG & ORS. ETC. ETC. Respondent(s)
J U D G M E N T KURIAN, J. 1. Leave granted. 2. The appellants are aggrieved by the impugned order, whereby the High Court remitted the scrutiny of the caste verification of the appellants to the Scrutiny Committee. 3. The learned senior counsel appearing for the appellants rightly submits that the Scrutiny Committee does not have the power of review. But, on a close scrutiny of the impugned order, it is clear that the High Court intended the Committee to look into the matter afresh and not to exercise the power of review. 4. Anyway, for the purpose of completion of the records, we set aside the impugned order dated 20.01.2012 of the Divisional Caste Certificate Verification Committee, Amaravati and subsequent order dated 26.08.2013 of the Divisional Caste Certificate Verification Committee, Amaravati. Rest of the directions of the High Court regarding verification are sustained. 5. However, it is made clear that the status quo, as on today, will continue with regard to the status of the appellants, till the matter is finally disposed of by the High Court. 6. It is informed that the term is going to expire in January, 2017. We direct the Scrutiny Committee to complete the proceedings within six weeks from the date of production of a copy of this Judgment by either party and thereafter, the High Court may dispose of the writ petition within another four weeks. 7. With the above observations and directions, these appeals are disposed of. I.A. No. 7 for vacating stay is also disposed of. No costs. …………………..J. [ KURIAN JOSEPH ]
…………………..J. [ ROHINTON FALI NARIMAN ]
New Delhi; August 05, 2016.
