1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 3800/2009 Narendra Janrao Lavankar vs. Maharashtra Rajya Marg Parisahan Mahamandal (MSRTC) Madhyavarti Karyalaya and another. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. CORAM : A.P.Lavande & P.D.Kode,JJ DATE : 22.09.2009 Heard Mr. S.W.Sambre, learned counsel for the petitioner. 2. By this petition, the petitioner challenges communication dated 28.7.2009 by which the petitioner has been asked to show cause as to why he should not be removed from service of respondent no.1 since his caste claim has been invalidated. 3. The petitioner joined service with the respondent no.1 in the year 1978. He was appointed against a vacant post reserved for Scheduled Tribe. The tribe certificate of the petitioner was referred to the Scrutiny Committee. The Scrutiny Committee by order dated 16th May, 2009 invalidated the tribe claim of the petitioner holding that the petitioner does not belong to tribe Dhanvar. Pursuant to invalidation of the 2` tribe claim of the petitioner impugned show cause notice has been issued to the petitioner. 4. Having heard the learned counsel for the petitioner we do not find any merit in the petition. Firstly, the petitioner has not challenged the order passed by the Scrutiny Committee invalidating the caste claim of the petitioner. Secondly, we do not find anything wrong in the approach of the respondent no.1 in giving show cause notice to the petitioner. The Full Bench in Ganesh Rambhau Khalale vs. State of Maharashtra & others (2009(2) All MR 152 ) has held that the person whose tribe is invalidated is not entitled to the protection of service. The ratio in the said case is squarely applicable in the present case. 5. In view of the above, we do not find any merit in the petition. Hence, petition is dismissed. JUDGE JUDGE patle 3`