JUDGMENT - R.M. LODHA, J.:---By the order dated 5-5-1989 the respondent No. 2 ordered reversion of the petitioner to the post of Junior Engineer (C) since it was found that the petitioner was wrongfully promoted to the post of Assistant Engineer (C) against the quota reserved for B.C. Communities vide order dated 23-9-1987. This office order dated 5-5-1989 is impugned by the petitioner in the present writ petition.

2. Mr. Mendadkar, learned Counsel for the petitioner, urged that the petitioner was born in Maharashtra and the question whether he is migrant from Madhya Pradesh was not open to be decided by the employer, but could only have been determined by the Committee for Scrutiny and Verification of Tribe Claims (For short "the Scrutiny Committee") and unless that claim was determined holding that the petitioner was not Schedule Tribe (S.T.) the order or reversion could not have been passed. In support of his arguments, the learned Counsel for the petitioner relied upon the judgment of Apex Court in (Kumari Madhuri Patil and another v. Additional Commissioner, Tribal Development and others)1, 1995(2) Bom.C.R. (S.C.)690, another judgment of the Apex Court in (Union of India othe

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