B.P. Dharmadhikari, J.

1. The present Writ Petition challenges the order of respondent no.1 Caste Scrutiny Committee dated 13.04.2007 invalidating caste claim of the petitioner as belonging to Halba Scheduled Tribe. The certificate dated 31.07.1987 issued to him by the Executive Magistrate has been cancelled and confiscated. This Court has granted interim relief in the matter which continues to operate. The Writ Petition was to be heard and decided at the stage of admission along with other connected matters as the challenge relating to constitution of the Committee is common in all matters. However, at the stage of hearing, because of other distinct points involved in each matter, it was felt appropriate to decide this Writ Petition first.

2. Before proceeding to narrate the facts and in order to avoid prolixity, we find it appropriate to mention the challenges as raised by the petitioner. The first and foremost challenge is to constitution of respondent no.1 Committee, which has decided the caste claim of the petitioner on the ground that, Smt. V.P. Naik, Research Officer could not have been the Member-Secretary and hence, there was no quorum as required by law. The second contention is about denial of opportunity of cross examination. One Headmaster of a school and relative of petitioner, were sought to be cross examined. The third challenge is to direction to lodge FIR, and the last contention in the alternative is protection to the Degree which the petitioner has obtained in the meanwhile.

3. We have heard Shri M.G. Bhangde, learned Senior Counsel with Shri R.M. Bhangde, learned Counsel for the petitioner, Shri N.W. Sambre, learned Counsel for respondent no.1 and learned Assistant Government Pleader for respondent nos. 2 and 3.

4. Learned Senior Counsel has pointed out that the impugned order dated 13.04.2007 is passed by respondent no.1 Committee through its Members Shri V.S. Patil as Vice Chairman, Smt. V.P. Naik as Member-Secretary and Shri H.N. Gedam, as Member. He points out the provision of Rule 9 of The Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003 framed under the Maharashtra Scheduled Caste, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, other Backward Classes and Special Backward Category, (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (hereinafter referred to as “the Maharashtra Act No.23/2001 Act” for short), to show that three Members out of total 5 Members are required to be present to constitute quorum and those three Members are Chairman or Vice Chairman, Member Secretary and any other Member. Notification dated

04.06.2003 issued by the Tribal Development Department of respondent no.2 in exercise of powers under Section 6 of the Maharashtra Act No.23/2001, is pointed out to show that the Commissioner/Director of Tribal Research and Training Institute, Pune is the Chairman of the Scrutiny Committee at Nagpur. Additional Commissioner for Tribal Development Department at Nagpur is its Vice Chairman and Deputy Director (Research) is Member Secretary. Senior Research Officer and Research Officer are the remaining two Members. Deputy Director (Research) at Nagpur was promoted as Joint Commissioner and hence Commissioner of Tribal Development, Pune on 12.10.2006 directed the said Deputy Director to get himself relieved for joining on the promotional post by handing over his charge to Senior Research Officer working in his office. It is pointed out that the order dated 11.10.2006 referred to therein only promotes said Deputy Commissioner as Joint Commissioner and State Government directed the departmental head to make internal arrangement to relieve the promotees for immediate execution of the promotion orders. Learned Senior Counsel contends that Senior Research Officer was therefore not appointed as Deputy Director (Research) at any point of time and as a stop gap arrangement the Deputy Director was a