1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7343 OF 2004 Vasant Vitthal Nannaware, Aged: 46 years, Occ: Nil, R/o. Girna-Bambhori (Pargane) Chandsa, Tq. Dharangaon, District Jalgaon. ...PETITIONER VERSUS The Maharashtra State Road Transport Corporation (Through its Managing Director), Anand Nair Marg, Central, Mumbai & Anr. ...RESPONDENTS ... Shri. Ajay Pawar, Advocate for Petitioner. Shri. M.K. Goyanka, Advocate for Respondent No.2. .... CORAM: NARESH H. PATIL & K.K. TATED, JJ. DATE : 12TH AUGUST, 2010. PER COURT : 1. Heard learned Counsel for the parties. 2 2. The petitioner contends that he was appointed as Driver, a post reserved for Scheduled Tribe. The petitioner claims to be belonging to "Tokare Koli". The petitioner was appointed on 01-06-1995. His caste claim was forwarded for verification. By an order dated 18-02-2002 the Committee invalidated the caste claim of the petitioner. The petitioner came to be terminated by the Corporation on 01-04-2002. 3. The petitioner contends that thereafter the petitioner applied for caste certificate as "Koli", which falls under Special Backward Class Category. The certificate was granted in favour of the petitioner which was verified and the Counsel submits that the Committee invalidated the petitioner's claim as "Koli". 4. The petitioner placed reliance on Government Resolution dated 30-06-2004 to contend that in the light of the fact that the petitioner was in service, his services shall be protected. 3 5. The learned Counsel for the Corporation submits that the petitioner is admittedly not belonging to Scheduled Tribe. The petitioner was terminated eight years back and therefore, the petitioner has no right to seek relief as prayed for, in this writ petition. 6. It is now settled position that Government Resolution more particularly dated 15-06-1995 issued by the State Government would not override the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis, Nomedic Tribes, Other Backward Classes and Special Backward Categories, Regulation of Issuance and Verification) Caste Certificates Act, 2000 and Rules framed thereunder. The petitioner was terminated since last eight years and he is not in service. Thereafter, the petitioner obtained certificate as "Koli". 4 7. In this view of the matter, the petitioner cannot be extended benefit of Government Resolution dated 15-06-1995. The Writ Petition is devoid of merits and stands rejected. [K.K. TATED, J.] [NARESH H. PATIL, J.] SUT/AUG10/wp7343.04