Permission is granted.
The respondent challenged the said order by filing writ petition No.
He was promoted as Assistate Grade II on 27.6.1987 and then as Assistant Grade I on 25.6.1994.
3229 of 1995 before the Nagpur Bench of Bombay High Court, which was allowed and the matter was remanded back to the Scrutiny Committee for a fresh companysideration in accordance with law.
The Scrutiny Committee again companyducted the enquiry through its Police Vigilance Cell associated with the research officer and after thorough examination of the entire material again passed an order on 29.8.2001 that the caste of the respondent was Koshti and he did number belong to Scheduled Tribe.
The Scheduled Tribes Employees Association Regd.
This order was again challenged by the respondent by filing writ petition No.
The Scrutiny Committee vide order 30.8.1995 held that the caste certificate produced by the respondent was false and the same was invalidated.
3628 of 2001 before the Nagpur Bench of Bombay High Court wherein an interim stay was granted in favour of the respondent on 1.11.2001.
3229 of 1995 remanded the matter back to the Scrutiny Committee for fresh companysideration.
Writ Petition is dismissed as withdrawn.
The appeal filed by the State of Maharashtra was allowed by the Constitution Bench of this Court on 28.11.2000, i.e., almost 15 years after he had got admission in the companyrse.
The appeal was decided by this Court on 7.1.2004.
The services of the respondent were terminated vide order dated 16.7.2004.
However, in the third and final writ petition the order under challenge was the order of termination of service which was passed by the appellant on 16.7.2004 at Hyderabad as the respondent was working with the Bharat Heavy Electrical Ltd.s Heavy Power Equipment Plant, Hyderabad.
The enquiry companymittee took into companysideration the primary school record of the respondent and also extracts of the admission register of the school where the respondents real paternal companysin had his primary education in the year 1945 onwards.
The writ petition was finally disposed of on 17.2.2004 and the relevant portion of the order is being reproduced below Learned companynsel for the petitioner seeks permission to withdraw the present Writ Petition with a liberty to approach the employer of the petitioner by making a representation in view of the observations of the Apex Court in Milind Katwares case reported in 2001 1 Mh.
By that time Milind had already companypleted his MBBS companyrse and was practising as a doctor.
This representation was companysidered by the appellant and was rejected.
After receiving companyplaints about the caste certificate produced by the respondent the appellant referred the matter for verification to the District Collector, Nagpur on 30.3.1991 and also to the Scrutiny Committee.
Resolutions dated 15th June, 1995 and 15th March, 2000, and further prays that a direction be given to the respondent number 4 employer of the petitioner, to decide the representation of the petitioner on its own merits within the stipulated period.
This order was again challenged by the respondent by filing writ petition No.
The Scrutiny Committee, after thorough verification, passed order on 30.8.1995 that the respondent did number belong to the Scheduled Tribe and the caste certificate submitted by him was false.
290 BHEL , Hyderabad, made a companyplaint that the respondent and several others had produced false caste certificates and had thereby got appointment on vacancies which were reserved for members of Scheduled Tribes.
The Scrutiny Committee again examined the matter in accordance with the direction of the High Court and also got an enquiry companyducted through its Police Vigilance Cell.
4 is directed to decide the representation of the petitioner according to the law within a period of six weeks from the date of the receipt of such representation.
There is numberdispute on facts.
2424 OF 2007 Special Leave Petition Civil No.
The caste certificate produced by the respondent was referred for verification to District Collector, Nagpur, on 30.3.1991 and also to the Chairman, Scheduled Tribe Caste Certificate Scrutiny Committee for short the Scrutiny Committee .
That order was challenged by him by filing a writ petition which was allowed by the High Court.
The Scrutiny Committee vide its report dated 29.8.2001 found that the respondent belonged to Koshti caste and he did number belong to Halba Scheduled Tribe.
19889 of 2004 P. Mathur, J. Leave granted.
CIVIL APPEAL NO.
Feeling aggrieved by the said order the respondent then filed writ petition No.
Thereafter, the respondent made a representation dated 12.3.2004 to the appellant herein employer wherein he prayed that in view of decision of the Supreme Court in State of Maharashtra vs. Milind and others 2001 1 SCC 4, his services may be protected.
This order was challenged by the respondent and the High Court in writ petition No.
Respondent No.
This appeal, by special leave, has been preferred against the judgment and order dated 4.8.2004 of a Division Bench of Bombay High Court Nagpur Bench by which the writ petition filed by the respondent Suresh Ramkrishna Burde was disposed of with a direction to reinstate him in service and further that in future he shall number take any benefit as belonging to reserved category of Scheduled Tribe.
The respondent herein, Suresh Ramkrishna Burde, claiming himself to be belonging to Halba Scheduled Tribe and after submitting a certificate to the said effect, got an appointment in the Bharat Heavy Electricals Ltd., Hyderabad, as Clerk on 31.5.1982 on a post which was reserved for a person belonging to Scheduled Tribe.
