1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO. 264 /2011 ( Gajanan Shankarrao Almelkar vs. State of Maharashtra and another) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. V A Dhabe, Advocate (appointed) for petitioner Mrs S S Jachak, APP for respondents CORAM : MRS.V.K. TAHILRAMANI & M.L. TAHALIYANI, JJ DATED : 12th July, 2011. Heard learned counsel for the respective parties. The petitioner is a convict undergoing imprisonment in Central Prison, Nagpur. The case of the petitioner is that though his name was recommended for being transferred to an Open Prison, however, he was not transferred to the Open Prison. Hence, by this petition the petitioner prays that he be transferred to Open Prison. From the record, it is seen that the petitioner was earlier selected for being sent to Open Prison. This decision was taken in the meeting held by the Selection Committee on 22.1.2009. However, thereafter, one prisoner, by name, Ravindra Patil from Yervada Central Prison assailed the process of preparation of seniority list of prisoners who were to be sent to the Open Prison, by 2 means of Writ Petition No.2015/2010. The said petition was decided by the principal Bench of this Court on 21.10.2010. As per the directions of this Court, the earlier list of prisoners who were selected to be sent to Open Prison was cancelled and the IGP was required to prepare a fresh list of the prisoners who are entitled to be sent to Open Prison as per seniority. Thereafter, the name of the petitioner was again forwarded to the Selection Committee. The Selection Committee held its meeting on 9.12.2010 and 10.12.2010 respectively. However after medical examination, the Medical Officer opined that the petitioner is not medically fit to be sent to Open Prison, therefore, the name of the petitioner was not included in the Selection list. In Open Prison, a prisoner is required to do hard manual labour and the certificate issued by the Medical Officer clearly shows that on account of weakness and on account of old age, the petitioner is medically unfit for hard work. Looking all these facts, we find no error whatsoever in the decision taken by the Selection Committee, hence, Writ Petition is rejected. The fees of learned appointed Advocate are quantified at Rs. 750/-. JUDGE JUDGE sahare