ORDER

1. Leave granted.

2. This appeal arises from a judgment and order of a Division Bench of the High Court of Judicature at Bombay dated 16 April 2018. The fifth and sixth respondents were appointed as Assistant Engineers Grade I against a post reserved for the Scheduled Tribe category on 31 July 1991. Both of them claimed to belong to the Halba Scheduled Tribe.

3. The appellants were appointed as Assistant Engineers Grade I on 20 May 2000 on a post reserved for the Special Backward Class category.

4. The claims of the fifth and sixth respondents of belonging to a Scheduled Tribe were invalidated by the Scrutiny Committee on 14 May 2001 and 16 May 2001respectively.

5. The Government of Maharashtra, by its resolutions dated 10 March 2004 and 12 March 2004, treated the fifth and sixth respondents as belonging to a Special Backward Class category and they were absorbed on 23 August 2004 on that basis. On 4 September 2006, the fifth respondent was promoted as Executive Engineer. The sixth respondent was promoted as Executive Engineer on 1 November 2007.

6. The appellants instituted writ proceedings [1] before the High Court seeking a declaration that the protection of service grante