( 1 ) THE State has filed this appeal against the common order dated 30. 8. 2001 passed by the learned Single Judge in W. P. Nos. 36702- 36718/2000 c/w W. P. Nos. 38791-38800/2000. It is not necessary to go into the facts of the case.

( 2 ) SRI M. N. Seshadri, learned Government Advocate appearing on behalf of the appellant State submits that the learned Single judge has erred in treating the caste mentioned in the Certificates as BOVI, BOYI, BHOI as Scheduled Caste and belonging to BHOVI community in absence of any special notification. It is submitted that the direction issued by the learned Single Judge is not sustainable as the Union of India which was party, has been deleted. He relied on the decisions in B. BASAVLINGAPPA vs D. MUNICHINNAPPA AND OTHERS1 and in STATE OF MAHARASHTRA vs MILIND AND OTHERS2. Learned Government Advocate submitted that in view of the observations of the Honble Supreme court in Milinds case that it is not all permissible to hold any enquiry or let in any evidence to decide or declare that any tribe or tribal community or part of or group within any tribe or tribal community is included in the general name even though it is not specifically me