1 WP 6203/2004 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6203 OF 2004 Dr Deepak Balasaheb Kachave And Another. ... Petitioners. Versus The State of Maharashtra & Others. ... Respondents. ----- Shri. A.S. Golegaonkar, for the petitioner. Shri. V.B. Ghatge, Assistant Government Pleader, for respondents Nos.1,3 and 5. Shri. B.L. Sagar Killarikar for respondent No.2. Shri. Deelip Bankar Patil, for respondent No.4. ------- CORAM: NARESH H PATIL & N.D. DESHPANDE, JJ. DATE: 10th JULY 2009 PER COURT : 1) Heard. 2) Shri. B.L. Sagar Killarikar placed reliance on reported judgment in B.S. Gaur v. Union of India, (2001) 9 SCC 706. In paras 1 and 2 the Apex Court observed thus: 2 WP 6203/2004 “1. The appellant has laid claim for promotion on the basis that he is a member of the Scheduled Castes. During the pendency of the matter, the Scheduled Caste certificate issued in favour of the appellant was revoked by the competent authority on the ground that the appellant was not a member of the Scheduled Castes. It is alleged that the appellant has challenged the aforesaid order by filing a writ petition under Article 226 of the Constitution in the High Court of Judicature at Bombay and has also obtained a stay order. Therefore, the appellant’s case may be heard on merits. 2. After we heard the matter, we are of the view that once the certificate issued in favour of the appellant has been revoked, the status of the appellant of being a Scheduled Caste has come under a cloud. Merely because the appellant has obtained a stay order does not conclude the dispute. We are, therefore, not inclined to go into this appeal. However, it will be open to the appellant, if he ultimately succeeds in the writ petition, to take such remedy as may be available to him under law.” 3 WP 6203/2004 3) Shri. Golegaonkar submits that the said judgment has no bearing on the facts of the present case. 4) No orders on the motion made by Shri. Golegaonkar. Motion disposed of. 5) Authenticated copy be given to the AGP who shall circulate the same to the Principal Secretary to Government of the concerned Ministry. (N.D. DESHPANDE, J.) (NARESH H PATIL, J.) rsl/ wp.6203.04