It is number clear when the certificate produced by the Appellant was referred to the Caste Scrutiny Committee, Nagpur for verification, but the said Committee by Order dated 20.8.2003 held it to be invalid.
Thereafter on 28.4.1994 she was promoted as Head Mistress by an order of even date, subject to production of Caste Validity Certificate.
The learned Single Judge of the High Court of Judicature at Bombay, Nagpur Bench granted protection in service on the basis of Government Resolution dated 15.6.1995 by his order dated 2.9.2003 in Writ Petition No.3500 of 2003.
Respondent number.1 and 2, by order dated 17.9.1989 appointed the Appellant as Assistant Head Mistress.
The Appellant had been employed as an Assistant Teacher against a vacancy earmarked for Scheduled Tribe candidate, she having filed a Caste Certificate dated 8.7.1974 issued by the Competent Authority testifying her to belong to the Halba Scheduled Tribe Category.
Protracted litigation thereafter ensued eventually resulting in the filing of another Writ Petition No.4532 of 2004 in which a learned Single Judge by order dated 11.11.2009 set aside the reinstatement order passed by the School Tribunal, Nagpur which came to be affirmed by the Division Bench in the impugned Order which was of the opinion that Dattatray prohibited the extension of any protection to the Appellant.
VIKRAMAJIT SEN, J. Leave granted.
This Appeal challenges the Order of the Division Bench of the High Court of Judicature at Bombay, Nagpur Bench passed on 25.11.2009 in L.P.A. No.527 of 2009 affirming the Order of the learned Single Judge who had dismissed the Appellants Writ Petition essentially on the opinion of the Three Judge Bench in Union of India v. Dattatray 2008 4 SCC The Order impugned before the learned Single Judge was that of the School Tribunal, Nagpur which had granted reinstatement of the Appellant with companytinuity of service and full back wages.
