Oral Judgment: (A.P. Deshpande, J.)

Having noticed divergent views expressed in two judgments delivered by coordinate Benches of this Court the instant writ petitions are referred to this bench of three Judges which involve a common question of law. The reference is in relation to grant or refusal of protection to candidates appointed or admitted prior to 20.11.2000 against the posts reserved for scheduled tribe/scheduled caste category of the backward class on cancellation of their caste/tribe certificates pursuant to the verification of caste claim by the Scrutiny Committee. Before we proceed to deal with the relevant issue it would be appropriate to refer to the views taken in the two judgments. The judgment first in point of time is in Writ Petition No.853 of 2007 (Union of India & Ors. V/s Deepak Y. Gotefode ) 2008

(1) Mh.L.J. 790. The respondent in the said writ petition was appointed as lower division clerk against a post reserved for scheduled tribe. In clause 20 of the letter of appointment issued to the respondent it was specifically stated that the appointment was provisional and was subject to caste/tribe verification. The letter of appointment made it further