JUDGMENT

G.P. Mathur, J.—

1.Leave granted.

2.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 not take any benefit as belonging to reserved category of Scheduled Tribe.

3.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. He was promoted as Assistate Grade II on 27.6.1987 and then as Assistant Grade I on 25.6.1994. The Scheduled Tribes Employees Association (Regd. No. 290 BHEL), Hyderabad, made a complaint 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 caste certificate produced by the respondent was referred for verif