SHAIKH HAMID SK. HANIF ETC. ETC. Vs. SALIM BAIG YUSUF BAIG & ORS. ETC. ETC.

Supreme Court of India (Division Bench (DB)- Two Judge)

INTERLOCUTORY APPLICATION, 7 of 2016, Judgment Date: Aug 05, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        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.