D.K. Jain, J. - (1.) This appeal is directed against the judgment of the High Court of Judicature at Bombay, Nagpur Bench, delivered on 5th May 2004, in W.P. No. 1687 of 2004. By the impugned judgment, the High Court has affirmed the order passed by the Committee for Scrutiny and Verification of Tribe Claims, Amravati, (for short "the Caste Scrutiny Committee"), Respondent No. 1 in this appeal, cancelling the caste certificate dated 2nd January, 2002, issued to the Appellant by the SubDivisional Magistrate, Pusad, District Yavatmal, certifying that the Appellant belongs to the Halbi Scheduled tribe, notified in terms of the Constitution (Scheduled Tribes) Order, 1950.
(2.) Succinctly put, the material facts giving rise to the present appeal are as follows: The Appellant, who holds a degree of Bachelor of Engineering (BE), was appointed as a field officer by the Maharashtra Pollution Control Board, Respondent No. 2 herein, against a post reserved for "Scheduled Tribe", on probation with effect from 16th March, 1998. The appointment was subject to production of the Caste Validity Certificate. On a failure to produce the same, Respondent No. 2 issued a notice of termination of service to the Appellant. Aggrieved thereby, the Appellant approached the High Court by way of W.P. No. 4688 of 2003 inter alia, praying for a direction to Respondent No. 1 to decide the caste claim of the Appellant. The High Court allowed the writ petition and vide order dated 2nd December 2003, directed Respondent No. 1 to decide the caste claim of the Appellant within eight weeks of the date of receipt of the copy of the order. Respondent No. 2 was also directed not to act upon the termination notice.
(3.) In furtherance of the said order, the Appellant made an application to the Caste Scrutiny Committee under Rule 11 of the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003 (for short "the Rules"). Along with the application, the Appellant submitted several documents, including a copy of his grandfathers school leaving certificate dated 8th April, 1929; a copy of school leaving certificate dated 6th July, 1955, issued to his father, Nilkantha Maruti Katole; a caste certificate issued to his father on 19th June, 1969; copies of the school leaving certificates issued to the Appellant on 8th May, 1978, 5th July, 1988 and 9th August, 1983; a college leaving certificate dated 9th July, 1990 and a copy of school leaving certificate issued to the real brother of his grandfather on 21st June, 1933 etc. All these documents recorded the Caste of those persons as Halbi.;