It appears that the respondent accepted the findings of the Caste Scrutiny Committee.
In view of the finding of fact that the respondent herein was number a member of the scheduled tribe but was a Koshti, his caste certificate was invalidated by an order dated 24.06.2004.
The question as to whether Koshti Halbas are members of the Scheduled Tribe or number came up for companysideration before this Court in State of Maharashtra v. Milind and Others 2001 1 SCC 4, wherein it was held that they were number.
However, relying on or on the basis of a purported government resolution dated 15.06.1995 whereby and whereunder the services of persons who were appointed prior thereto were sought to be protected, the Division Bench of the High Court by reason of the impugned judgment directed that although the respondent was appointed on 29.06.1995, having regard to the fact that he had been selected on 15.06.1995, he was entitled to protection in terms of the said resolution stating In the present case the Petitioner was selected on 15th June, 1995 and got the appointment order on 29th June, 1995.
Respondent was appointed in the services of the Government of Maharashtra on 29.06.1995.
The respondent was found to be belonging to Koshti caste which companyes within the category of special backward class and number within the scheduled tribe category.
Respondent claimed to be belonging to Halba companymunity, a scheduled tribe.
The caste certificate procured by the respondent from the companypetent officer having been doubted, the matter was referred to the Caste Certificate Scrutiny Committee, Nagpur on 27.08.1999 for verification.
2 Committee.
422 of 1997, is entitled to get the benefit under the Government Resolution dated 15th June, 1995 the same principle should be applied to the Petitioner in the present petition.
A writ petition thereafter was filed by the respondent before the High Court praying inter alia for the following reliefs That by passing a suitable writ, order or direction in the nature of mandamus or certiorari or any other appropriate writ, order or direction, a quash and set aside the order dated 24.6.2004 passed by the Respondent No.
6581 of 2006 B. Sinha, J. Leave granted.
Arising out of SLP C No.
This appeal is directed against a judgment and order dated 19.08.2005 passed by a Division Bench of the High Court of Judicature of Bombay in Writ Petition No.
4158 of 2005 whereby and whereunder the writ petition filed by the respondent herein was allowed.
