A. B. NAIK, J. :- By this Writ Petition No. 866/1995 the petitioner is challenging the order passed by the Caste Certificates Scrutiny Committee, Maharashtra State, Nashik (hereinafter referred as the committee), whereby the committee has invalidated the caste/tribe claim of the petitioner. The petitioner obtained a certificate from Executive Magistrate, Aurangabad, on the basis that she belongs to "Chhatri" scheduled tribe. On the basis of the said certificate, the petitioner secured employment in Public Works Department, Government of Maharashtra. By an order dt. 31st of December, 1989, the petitioner came to be appointed as Typist. The order of appointment dt. 31st of December, 1989, being temporary for a period of six months. The appointment order also indicates the terms and conditions. As per condition No. 4 of the appointment order, the service of the petitioner was to be continued only after the report/order from the committee. The petitioners tribe claim was accordingly forwarded to the Committee by the Superintending Engineer, Public Works Board, Aurangabad. The caste claim was then referred to the committee which was constituted as per the Government of Maharashtra, Tribal Development Department, Resolution No. CBC/l684/(291)/D-XI, dt. 23rd of January, 1985. The petitioner furnished some documents in order to prove her claim. The documents are divided in three groups;

(1) documents pertaining to the petitioner, (2) documents pertaining to the petitioners father; and (3) documents pertaining to the petitioners husband.

2. It is claim of the petitioner that she married to Jitendra Balaji Potpalliwar, who belongs to "Chhatri" scheduled tribe community. She stated that her marriage is not inter caste marriage and to establish her claim, she mainly relied on the documents pertaining to her husband. We have noticed from the order passed by the Committee that in the documents which are produced by the petitioner pertaining to her father, tribe Chhatri is not mentioned there. The Committee then noticed the petitioner and she appeared with her father-in-law before the Committee. The Committee has recorded the statement of her father in-law during the course of the enquiry. The committee then analysed 14 documents which were produced by the petitioner along with the statement of her father-in-law. The Committee observed that the petitioners father-in-law has utterly failed to establish any affinity with "Chhatri" Scheduled Tribe. The Committee considered the information furnished by the petitioners father-in-law and, on appreciation of evidence produced by the petitioner, the Committee came to the conclusion that the petitioner failed to establish that she belongs to "Chhatri" Scheduled Tribe and, accordingly, her claim came to be invalidated and order of cancellation of certificate issued by the Executive Magistrate came to be passed. After the decision of the Committee, the Committee forwarded the order to the Superintending Engineer, Public Works Board, Aurangabad, under whom the petitioner was working, who, in turn, by his order dt. 31st of January, 1995, terminated the services of the petitioner on the ground that the certificate obtained by the petitioner has been invalidated. Being aggrieved by these two orders, the petitioner approached this Court.

3. The petition was taken up for motion hearing on 10th of March, 1995, and this Court granted Rule Nisi and protected the services of the petitioner. While granting Rule Nisi, the Court passed following order:

"Rule.

On the basis of the decision of the Scrutiny Committee, the services of the petitioner seem to have been brought to an end on the ground that the petitioner does not belong to Scheduled Tribe.

Along with this petition, the petitioner has produced record of the husband of the petitioner, with whom she has married in the year 1989.

The appointment letter at Exh.H of the petitioners husband shows that he appointed in S.T. category. Apart from this, the p