1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 5403 OF 2002 AND WRIT PETITION NO. 2604 OF 1991 ----------------------------------------------------------------- Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s or directions and Registrar’s | orders orders | ----------------------------------------------------------------- CORAM : A.M. KHANWILKAR, AND S.S. SHINDE, JJ. DATE : 22nd JANUARY, 2010 This review petition takes exception to the opinion recorded in the order dated 04-07-2002 passed in Writ Petition No.2604/1991. In the said order, it is stated that the petition has become infructuous as the academic year 1991-92 was over almost ten years back when the order was passed. 2 2. The grievance of the petitioner is that even if the academic year was over, the order passed by the Caste Scrutiny Committee would bind the petitioner for posterity and would disentitle the petitioner to claim the benefit under Category "VJNT". 3. We are in agreement with the said apprehension expressed by the petitioner. That aspect has not been dealt with in the order at all. Obviously, Advocate who appeared for the petitioner did not bring that position to the notice of the Court which passed the said order on 04-07-2002. However, in the interest of justice, we allow this Review Petition and restore Writ Petition to the file to its original Number so that the question raised by the petitioner regarding the correctness of the decision of the Caste Scrutiny Committee can be considered, on its own merits. 3 4. Review Petition is allowed on the above terms. ( S.S. SHINDE, J. ) (A.M. KHANWILKAR,J.) sut/JAN10/ca5403.02