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 direction by this Court to the caste scrutiny committee to decide about the caste verification of the respondent No.2 within three months. After the enquiry, the caste scrutiny committee invalidated the caste claim of the respondent No.2 by its order dated 31st May, 2001. On receipt of the order of invalidation of the caste claim of the respondent No.2, the petitioner society issued an order dated 30th June, 2001 to be effective from 2nd July, 2001 terminating the services of the respondent No.2 as a result of his failure to establish his caste claim. The respondent No.2 challenged the order dated 31st May, 2001 passed by the caste scrutiny committee before this Court in the Writ Petition No. 1915 of 2001 and this Court after hearing the parties dismissed the petition by order dated 31 st August, 2001. About six months after passing of the order of termination of services, a complaint was lodged by the respondent No.2 to the Deputy Director of Education, Amravati, with a request that he be reinstated in the service, and by order dated 28th January, 2002, the respondent No. I-Education Officer directed reinstatement of the respondent No.2.

3. Being aggrieved, the petitioner-society filed the Writ Petition No., 926 of 2002 and by an order dated 10th July, 2002 this Court set aside the said Order dated 28th January, 2002 of the Education Officer, the respondent No.1, and granted liberty to the respondent No. 2 to approach the school tribunal to challenge the order of termination of his service. Accordingly, the respondent No. 2 filed an appeal bearing No. 43 of 2002 before the School Tribunal, Amravati, and by the impugned order dated 16th October, 2003, the Tribunal set aside the order of termination. Meanwhile, the Government issued the G. R. dated 30th June, 2004 giving protection of services to those whose caste claims have been invalidated in the caste verification proceedings.

4. While assailing the impugned order, the learned advocate for the petitioner submitted that the School Tribunal had directed reinstatement of the respondent No. 2 in the service solely on the ground that the caste scrutiny committee had not directed the school management to terminate the services of the respondent No. 2 consequent to his failure to establish his caste claim. As regards the G. R. dated 30th June, 2004, the learned advocate for the petitioner drawing our attention to the sections 7 and 10 of the Maharashtra Scheduled Caste, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backwards Classes and Special Backward Category, (Regulation of Issuance and Verification of) Caste Certificate Act, 2000, hereinafter called as "the said Act", submitted that moment the caste scrutiny committee in exercise of powers given to it under the said Act invalid