R. M. S. KHANDEPARKAR, J.:- Heard. The petitioner challenges the Order dated 16th October, 2003 passed by the School Tribunal in Appeal No. 43 of 2002 and the G. R. dated 30th June, 2004 bearing No. BCC-2002IP.K.13/04/19-B/Mantralaya Mumbai - 32 being contrary to the provisions of law, and therefore, to be declared as bad in law and not enforceable.

2. The petitioner society runs a high school by name New High School (Main) at Amravati, wherein the respondent No.2 came to be appointed as Assistant Teacher against the post reserved for scheduled tribe on the basis of the caste certificate dated 24th April, 1980 produced by him. He was subsequently promoted to the post of Assistant Head Master reserved for the scheduled tribe. On this occasion, the respondent No.2 produced another caste certificate dated 21st May, 1992 claiming to be belonging to Nomadic Tribe (NT) category and requested the petitioner society to include his name in the NT category. The petitioner referred the caste claim of the respondent No.2 for verification by the caste scrutiny committee which was sought to be challenged by the respondent No.2 without any success, and on the contrary, there was directio