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Supreme Court - Daily Orders

Lawrence Salvador D' Souza vs State Of Maharashtra . on 18 July, 2016

Bench: V. Gopala Gowda, Adarsh Kumar Goel

                                      IN THE SUPREME COURT OF INDIA
                                       CIVIL APPELLATE JURISDICTION
                                   CIVIL APPEAL NO(s). 6539 OF 2016
                             (Arising out of S.L.P. (C) No. 17625 of 2016)

                         LAWRENCE SALVADOR D'SOUZA                      ... APPELLANT(S)

                                 VERSUS

                         STATE OF MAHARASHTRA AND ORS.                  ...RESPONDENT(S)

                                                O R D E R

Leave granted.

Heard Mr. C.U. Singh, learned senior counsel appearing on behalf of the appellant.

It is brought to our notice that the Caste Certificate for O.B.C. of the appellant's niece produced in the High Court is not considered. Learned senior counsel places strong reliance on the said document. The Caste Certificate Scrutiny Committee had no opportunity to examine this particular document. It is open for the appellant herein to file the said document and any other supporting documents in support of his claim before the said Committee. The Committee shall consider/reconsider the same and also consider other material evidence on record in favour of the appellant and pass appropriate orders in accordance with law within three months.

For the reasons stated supra, we set aside the impugned order passed by the High Court.

If the respondents are aggrieved of this Order, they are at liberty to move this Court.

The civil appeal stands disposed of accordingly.

........................J. Signature Not Verified (V. GOPALA GOWDA) Digitally signed by SUSHIL KUMAR RAKHEJA Date: 2016.07.20 18:16:09 IST Reason: .......................J. (ADARSH KUMAR GOEL) NEW DELHI, JULY 18, 2016 ITEM NO.36 COURT NO.9 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 17625/2016 (Arising out of impugned final judgment and order dated 11/03/2016 in WP No. 1780/2016 passed by the High Court of Judicature at Bombay) LAWRENCE SALVADOR D' SOUZA Petitioner(s) VERSUS STATE OF MAHARASHTRA AND ORS. Respondent(s) (With appln. (s) for exemption from filing O.T.) Date : 18/07/2016 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Mr. C.U. Singh, Sr. Adv.

Mr. Santosh Krishnan,Adv.

For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Leave granted.

Heard Mr. C.U. Singh, learned senior counsel appearing on behalf of the appellant.

The appeal stands disposed of in terms of the signed order.

Pending application(s), if any, stands disposed of.

    (S. K. RAKHEJA)                           (SUMAN JAIN)
      COURT MASTER                            COURT MASTER

(Signed order is placed on the file)