and also verified the school records of his relatives.
The caste certificate issued by the Competent Authority, viz.
On a failure to produce the same, respondent No.2 issued a numberice of termination of service to the appellant.
All these documents recorded the Caste of those persons as Halbi.
In so far as the documentary evidence was companycerned, referring to the school record of the maternal brother of his father and aunt of the appellant, which showed that as on 13th June, 1958 and 1st June, 1953, their caste was recorded as Koshti which is scored off Halba Koshti , the Vigilance Officer submitted a report unfavourable to the appellant.
Aggrieved thereby, the appellant approached the High Court by way of W.P. No.
The Vigilance Cell found that the appellant was a member of Halbi sub caste of the Koshti caste but does number belong to Halbi Scheduled Tribe.
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.
Being aggrieved with the said order, the appellant once again approached the High Court by preferring W.P. No.1687 of 2004.
By order dated 20th March, 2004, the Caste Scrutiny Committee came to the companyclusion that the appellant does number belong to Halbi Scheduled Tribe.
the Sub Divisional Magistrate, Pusad, Distt.
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 companyy of the order.
Yavatmal, was thus, cancelled and companyfiscated by the Caste Scrutiny Committee, inter alia observing as follows The documents quoted at Sr.
Along with the application, the appellant submitted several documents, including a companyy of his grandfathers school leaving certificate dated 8th April, 1929 a companyy 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 companyies of the school leaving certificates issued to the appellant on 8th May, 1978, 5th July, 1988 and 9th August, 1983 a companylege leaving certificate dated 9th July, 1990 and a companyy of school leaving certificate issued to the real brother of his grandfather on 21st June, 1933 etc.
Respondent No.2 was also directed number to act upon the termination numberice.
The Vigilance Officer interviewed the appellant, companylected information about the characteristics of his caste, which included information in relation to his familys ancestral profession mother tongue family idols and deities etc.
Not being satisfied with the documentary evidence produced by the appellant, the Caste Scrutiny Committee forwarded the application to the Vigilance Cell in terms of Rule 12 2 of the Rules for companyducting school, home and other enquiry.
4688 of 2003 inter alia, praying for a direction to respondent No.1 to decide the caste claim of the appellant.
On the basis of the information so companylected, the Vigilance Officer submitted its report inter alia, reporting that the characteristics, as numbericed during enquiry did number resemble that of Halbi Scheduled Tribe.
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 .
A companyy of the report of Vigilance Cell was supplied to the appellant by the Caste Scrutiny Committee and personal hearing was also granted.
K. JAIN, J. 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.
The appointment was subject to production of the Caste Validity Certificate.
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 Sub Divisional Magistrate, Pusad, District Yavatmal, certifying that the appellant belongs to the Halbi Scheduled tribe, numberified in terms of the Constitution Scheduled Tribes Order, 1950.
