- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4944 OD 2004 ... Jayprakash Shankar Mhaske ...Petitioner v/s. State of Maharashtra & ors. ...Respondents ... Mr.R.K.Mendadkar for the Petitioner. Mr.C.R.Sonawane, AGP for State. Mr.Nitin Jamdar for Respondent No.3. ... CORAM: D.K.DESHMUKH & V.M.KANADE, JJ. DATED: 26TH MARCH, 2008 P.C.: 1. By this petition the Petitioner challenges the - 2 - order dated 20th May, 2004 passed by the Municipal Corporation, Solapur reverting the Petitioner from the post of Headmaster to the post of Asst.Teacher. 2. The relevant facts are that the Petitioner was initially appointed in the service of the Corporation as a Junior Clerk on 17-4-1980 as a candidate belonging to open category. Then he was appointed as a Assistant Teacher by order dated 10-7-1985 also as a candidate belonging to open category. Then it appears that he married a lady who claims to be a member of scheduled tribe and because of that marriage, a certificate called "couple certificate" was issued in favour of the Petitioner dated 16-6-1990. The Petitioner on the basis of that certificate claimed that he belongs to Mahadeo Koli-Scheduled Tribe and claimed the post of Headmaster, which was earmarked for the candidate belonging to Scheduled Tribe and the Corporation accepting his representation promoted him to the post of Headmaster by order dated 6-8-1992 in a post which was reserved for the Scheduled Tribe candidate. When the Petitioner was not able to produce his caste certificate which showed that he belongs to Mahadeo Koli caste, by order dated 20-5-2004 the Corporation - 3 - reverted him back to the post of Asst.Teacher. 3. Admittedly the Petitioner does not belong to scheduled tribe. He is claiming to be a member of scheduled tribe only because he got married with a lady who claims to be a member of scheduled tribe. Really speaking, therefore, the order promoting him to the post of Headmaster, which was reserved for the candidate belonging to the scheduled tribe, could not have been made. As the promotion of the Petitioner itself was invalid, no exception can be taken by the Petitioner to the order reverting him to the post of Asst.Teacher. Petition, therefore, fails and is dismissed. Rule discharged. No order as to costs. (D.K.DESHMUKH, J.) (V.M.KANADE, J.)