ORDER :

Leave granted.

This appeal is directed against the order passed by the Bombay High Court at Nagpur dated 30.7.2004 whereby Division Bench relying on the decision of this Court in State of Maharashtra vs. Milind and Others reported in 2001 (1) SCC 4, allowed the writ petition and directed that the appellant though belongs to Koshtis community and he has been appointed treating him to be Scheduled Tribe category but because of the decision given by the Apex Court he may be allowed to continue but he will not be entitled to any benefit of being a Scheduled Tribe in future. For convenient disposal of this case few facts may noticed, the appellant was appointed as Warehouse Assistant Grade II on 24.1.1984 and thereafter he was promoted to Grade I. But subsequently by direct recruitment he was appointed to the post of Accountant in Central Warehouse Corporation on 2.2.1996 against recruitment quota reserved for ST candidate. The Appellant claims that though he belongs to a Koshtis, the sub-caste of the Halba Scheduled Tribe. The question came up before the Bombay High Court that whether Koshtis is a sub-caste of Halba or not, this question was decided by the Bombay High Court and i