Judgment :-

J.M. PANCHAL, J.

1. The challenge in this appeal is to the judgment dated August 31, 2004, passed by the Division Bench of the High Court of Judicature at Bombay, Nagpur Bench, in Writ Petition No. 1764 of 2003 whereby writ petition filed by respondent No. 2, i.e., Gajanan Sadashiv Ghule, was allowed by setting aside the order of termination of his services dated May 4, 1998.

2. Briefly stated the facts of the case are as follows:

Claiming that he belongs to Scheduled Tribe, the respondent No. 2 applied to the appellant to appoint him as an Assistant Teacher. The respondent No. 2 was selected by the Subordinate Selection Board from the Scheduled Tribes category and was appointed as Assistant Teacher temporarily on January 16, 1993. The appointment of the respondent No. 2 was subject to verification of his tribe claim. The tribe Certificate produced by the respondent No. 2 was forwarded for verification to Scheduled Tribe Caste Scrutiny Committee (the `Scrutiny Committee' for short). Some of the documents submitted by respondent No. 2 indicated that he was a "Hindu Koli". The Scrutiny Committee, after giving the respondent No. 2 an opportunity of hearing, invalidated the