: 1 : cwp-9040-10=.doc USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9040 OF 2010 Shri. Jagjivan Ganpati .. Petitioner Modhoriye v/s. The State of Maharashtra & Anr. .. Respondents ......... Mr. A.A. Kumbhakoni, Sr. Counsel a/w Mr. Nitesh Nevshe for petitioner Mr. V.S. Gokhale, A.G.P. for respondent no1. Mr. Nitin Deshpande for respondent no.2 ......... CORAM : A.M. KHANWILKAR & R.Y.GANOO, JJ. DATE : 10th JUNE 2011. P.C. : 1. Heard Counsel for the parties. Considering the indisputable fact, now brought on record by way of reply affidavit filed by respondent no. 2, the argument of the petitioner that he was appointed against open post and not reserved post, will have to be stated to be rejected. For, the petitioner was recommended at serial no.56 by the Committee for being appointed against Scheduled Tribe category. The copy of the official communication has been placed on record as Exh.’1’. There is no reason forthcoming to doubt the correctness and genuineness of the said document. : 2 : cwp-9040-10=.doc 2. In the circumstances, no fault can be found with the action taken by the Department against the petitioner for having secured employment on the basis of bogus claim that he belongs to Scheduled Tribe category. So far as that claim is concerned, the same has been negatived by the Caste Scrutiny Committee. Hence, the order of termination passed against the petitioner is unquestionable. Accordingly, dismissed. (R.Y.GANOO, J.) (A.M. KHANWILKAR, J.)