B. R. GAVAI, J.

( 1 ) PETITIONER has filed Civil Application No. 6661 of 2005 for taking his undertaking on record to the effect that he does not wish to claim any benefit of belonging to Scheduled Tribe in future and for a direction that, since he was appointed on 18-6-1997, his appointment be protected and he be reinstated in service. However, taking into consideration the controversy involved in the present petition, we have taken up the present petition for final hearing.

( 2 ) THAT the petitioner claimed to be belonging to the tribe "halba", which is notified as a Scheduled Tribe. The petitioner came to be appointed as a Junior clerk on temporary basis vide order dated June 18, 1997 by the respondent no. 3. Appointment of the petitioner was against a post reserved for the scheduled Tribe candidate. Vide another order dated September 5, 2001, the respondent No. 3 held that the petitioner was entitled to be confirmed in service as a Junior clerk.

( 3 ) SINCE appointment of the petitioner was against a post reserved for scheduled Tribe, the claim of the petitioner, which was based on the basis of the caste Certificate issued to the petitioner by the Executive Magistrate,