JUDGMENT - THAKKER C.K., C.J.:---Rule. Mr. R.D. Rane, learned Additional Government Pleader, appears and waives services of notice of rule on behalf of respondents No. 1 and 2. Mr. K.S. Bapat, learned Counsel, appears and waives services of notice of rule on behalf of respondent No. 3.

2. In the facts and circumstances, and with the consent of parties, the matter is taken up for final hearing.

3. This petition is filed by the petitioner for a writ of certiorari quashing and setting aside an order dated September 30, 2002 passed by the Committee for Scrutiny and Verification of Tribe Claims, Pune Division, Pune, respondent No. 2 herein (Committee, for short). A further relief is prayed restraining the Pune District Central Co-operative Bank, respondent No. 3 herein, from giving effect to or taking any action in pursuance of an order passed by respondent No. 2 herein.

4. The case of the petitioner is that she belongs to Mahadeo Koli Tribe, which is recognised as Scheduled Tribe under the Presidential Notification issued under Article 342 of the Constitution of India. According to the petitioner, she had been granted caste certificate as belonging to Mahadeo Koli by the Executive Magistrate, Purandar, District Pune, on October 17, 1990. She graduated herself from Pune University. Thereafter, she got her name registered with the Integrated Tribal Development Project, Ghodegaon, District Pune, exclusively meant for Scheduled Tribe Candidates for offering employment in the Government and Semi-Government organisations. The Employment Officer sponsored the name of the petitioner for appointment as a Clerk in respondent No. 3 Bank under the Reserved Category of Scheduled Tribe. The petitioner was interviewed, selected and offered appointment on the post of Clerk as Scheduled Tribe. There were certain technical breaks in her services, but finally, by an order dated May 31, 1997, her services were confirmed in respondent No. 3 bank.

5. In 1997, the caste certificate of the petitioner was referred to respondent No. 2 Committee for verification. The Committee issued notice to the petitioner, and in response to the said notice, she produced several documents. She was directed to appear in person and accordingly, she appeared before the Committee. Several contentions were raised by the petitioner. The Committee, however, by the order impugned in the present petition, invalidated the certificate of the petitioner, observing that the petitioner did not belong to Mahadeo Koli, Scheduled Tribe, and the certificate granted by the Executive Magistrate, Purandar, was liable to be cancelled. The petitioner, therefore, was constrained to approach this Court, as, according to her, respondent No. 3 would take consequential action.

6. It was contended by the learned Counsel for the petitioner that the order passed by respondent No. 2 Committee is illegal, unlawful and contrary to law. It was submitted that the constitution of Committee was not legal, valid and in accordance with the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (Maharashtra Act XXIII of 2001) ("the Act", for short), and hence, the action taken by the Committee cannot be said to be legal, lawful or in accordance with law. It was also submitted that the inquiry report submitted by the Vigilance Officer was vitiated because the Research Officer, having intimate knowledge in identifying tribal community, was not associated during the inquiry. Finally, it was submitted that the action of respondent No. 3 cannot be said to be in consonance with law, inasmuch as the Caste Certificate produced by the petitioner was verified and she was confirmed in May, 1997. After undue and unreasonable period, it is not open to respondent No. 3 to terminate the services of the petitioner, and, hence, the action requires

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