( 1. ) IN this intra-Court appeal preferred under section 2 (1) of the M. P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 the appellant has called in question the defensibility of the order dated 28-2-2007 passed in Writ Petition (S) No. 19090/06.

( 2. ) THE facts which are requisite to be stated are that the appellant-petitioner (hereinafter referred to as the appellant) was issued an OBC caste certificate dated 29-6-1995 under non-creamy category, Annexure P-2 to the writ petition, on the base that he belongs to karmkar Lohar in the State of Bihar as well as in the State of Madhya Pradesh. As some disputes arose with regard to status of lohar caste in the State of Bihar a direction was issued by the High Court that the Lohar caste should be included in the category of Scheduled Castes. On the base of the said order the appellant was given provisional certificate on 24-2-1996, Annexure P-3 to the writ petition. Against the aforesaid direction of the high Court of Patna, the State of Bihar preferred a Special Leave Petition before the Apex Court wherein their Lordships directed for grant of provisional scheduled Caste Certificate subject to decision in the SL