1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.855 OF 2009 Shaikh Pasha @ Lala Sk. Sajjan ..PETITIONER VERSUS The State of Maharashtra ..RESPONDENT Mrs Bharti Gunjal, Advocate (appointed) for the petitioner; Mr N.R. Shaikh, A.P.P. for the respondent. CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 18th October, 2010 PER COURT : This is a petition under Article 226 of the Constitution of India filed by the petitioner praying therein for issuance of a writ directing respondent no.3 to hold a meeting of the Committee for selecting the petitioner for open jail for the year 2010. The petitioner also prays that a writ be issued directing the respondents that the case of the petitioner be presented before the Committee which is constituted for selecting the prisoners for open jail. 2 2. In response to the notice issued to the respondents, the respondents have filed an affidavit in reply. In the affidavit in reply it is stated that the last meeting of the Committee was held on 25.1.2009 in which 611 prisoners had been selected for open jail out of 748 prisoners, whose case had been considered by the Committee. It is further stated that the case of the petitioner had been considered by the Committee but as he was suffering from Tuberculosis, the petitioner was not selected. 3. Learned Counsel for the petitioner states that the petitioner has been cured of the dreaded disease of Tuberculosis and, therefore, the petitioner can be considered by the Committee. Learned A.P.P. has pointed out to us that there is already a wait list of 137 prisoners who have been selected by the Committee and, therefore, no meetings of the Committee have been held subsequent to the last meeting held in January, 2009 as the entire exercise would be an exercise in futility as the selection of the prisoner would only add to the wait list of prisoners. 4. We have considered the rival submissions of the parties and according to us there is no merit in the present petition. Since there is already a wait list of 137 prisoners, the meeting of the Committee has not been held and, therefore, no writ can be issued to the Committee for holding its meetings for the present. The case of the petitioner was considered and since he was suffering from Tuberculosis, the petitioner was not considered fit for transfer to open jail. Since the petitioner claims 3 that he has been cured of Tuberculosis, the petitioner may, if so advised, apply afresh. The case of the petitioner thereafter be considered in accordance with law. Writ petition is accordingly dismissed with the liberty as stated above. We quantify the fees payable to the learned Counsel appointed on behalf of the petitioner at Rs.1,500/-. ( A.V. POTDAR, J.) ( P.V.HARDAS, J.) amj/criwp855.10