1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.1653 OF 1999 Prabhakar Mallappa Shedbale, aged adult, resident of Herwad Taluka Shirod District Kolhapur. Petitioner vs. 1. The State of Maharashtra through its Secretary, Tribal Development Department, Mantralaya, Mumbai 400 032. 2. Chairman, Committee for Scrutiny Verification of Tribe Claims,M.S., Pune, 28th Queens Garden, Pune 411 001. 3. Joint Director, Technical Education Divisional Office, 412 E Shivaji Nagar, Pune 411 016. Respondents Mr.R.K.Mendadkar for the petitioner. Mr.C.R.Sonawane, A.G.P. for the respondents 1 to 3. CORAM : R. M. LODHA & A.S.BAGGA, JJ. DATED : 19th June, 2006 ORAL JUDGMENT (Per R.M.Lodha,J.) Mr.R.K.Mendadkar, the counsel for the petitioner submits that the petitioner accepts the finding of the Committee for Scrutiny and Verification of Tribe Claims, Pune recorded in the order dated 13th January, 1999 that he does not belong to Scheduled Tribe Mahadeo Koli. 2. Mr.R.K.Mendadkar, however, submits that the petitioner may be given benefit of the Government 2 Resolution dated 15th June, 1995 which protects the services of the Other Backward Class candidates appointed against the seats reserved for Scheduled Tribe. 3. Mr.C.R.Sonawane, Assistant Government Pleader does not dispute the position concerning Government Resolution dated 15th June, 1995. 4. We, accordingly, dispose of the writ petition by the following order: (i) The finding recorded by the Committee for Scrutiny and Verification of Tribe Claims, Pune in its order dated 13th January, 1999 that petitioner does not belong to Scheduled Tribe "Mahadeo Koli" is confirmed. (ii) The petitioner and his family members shall not henceforth take any advantage or benefit by claiming their caste to be Mahadeo Koli. (iii) The petitioner being "Koli" (special Backward Class) is declared to be entitled to the Government Resolution 3 dated 15th June, 1995 and, therefore, his employment is protected by the said Government Resolution dated 15th June, 1995. . No costs. (R.M. (R.M. (R.M. LODHA,J.) LODHA,J.) LODHA,J.) (A.S. (A.S. (A.S. BAGGA,J.) BAGGA,J.) BAGGA,J.)