B.R. Gavai, J.

Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

2. The petitioners have impugned condition No.7 of the Government Resolution dated 5th November, 2009.

3. All the petitioners, who are claiming to be belonging to different Scheduled Tribes, are seeking employment under the various employers which are either the State or the instrumentalities of the State. The petitioners are possessing requisite certificates certifying that they belong to the Scheduled Tribe. The petitioners claims for considering validity of their caste claim of belonging to the Scheduled Tribe, are pending before the Scheduled Tribe Certificate Scrutiny Committees at different places.

4. The petitioners are basically aggrieved by condition No.7 of the said Government Resolution which prevents an appointment or promotion to a candidate belonging to backward class unless he possesses the validity certificate.

5. Shri Sandeep Deshmukh, learned Counsel appearing on behalf of one of the petitioners and other learned Counsel appearing on behalf of the petitioners, submit that the said condition is totally untenable. It is submitted that