ORDER :

C.A. No. 3102 of 1988

1. The challenge in this appeal is covered by a decision of this Court in State of Maharashtra vs. Milind, (2001) 1 SCC 4.

2. In view of the aforesaid decision, the respondent, Om Raj cannot claim to belong to the Scheduled Tribe. However, if he has been admitted to any professional college pursuant to the orders made by the High Court, the same shall stand protected in the terms stated by this Court in the order stated above. This appeal is disposed of accordingly.

3. However, it is made clear that if he is deriving any benefit pursuant to the order made by the High Court the same shall continue to be available to him to the advantage of being a Scheduled Tribe but no further.

C.A. No. 7375 of 2000 [Arising out of S.L.P. (C) No. 6524 of 1988]

4. Leave granted.

5. The appellant having belonged to Koshti caste claimed to be included in the Scheduled Tribe of Halba and obtained an appointment as Assistant Engineer. When his appointment was sought to be terminated on the basis that he did not belong to Scheduled Tribe by the Government a writ petition was filed before the High Court challenging that order which was allowed. That order is questioned in this appea