1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR M.C.A.NO. 759/2009 In WRIT PETITTION NO.2013/2007 Abhay s/o Manohar Nandanwar Vs. State of Maharashtra and others. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. CORAM : A.P. LAVANDE AND P.D. KODE, JJ. DATED : 20TH JULY, 2009. Heard Mr. Narnaware, learned counsel for the petitioner/applicant. By this application No. 759/2009 the applicant seeks review of the order dated 26/3/2009 passed by this Court dismissing Writ Petition No. 2023/2007. The applicant was appointed as Clerk in the year 1992 and thereafter in the year 1997 he was appointed to the post of Statistic Assistant with the Maharashtra Public Service Commission, Bandra at Mumbai on the post reserved for scheduled tribe on the basis of certificate submitted by the petitioner that he belonged to Halba scheduled tribe. The tribe claim of the applicant was invalidated by the Committee by order dated 17.3.2001 which was challenged in Writ Petition and the same petition was disposed of by this Court. Since the tribe claim of the petitioner was invalidated, respondent no.3 issued notice calling upon him to submit his explanation within 10 days. Thereafter the petitioner filed the present writ petition seeking protection to his services. 2 Mr. Narnaware, learned counsel for the applicant has urged two grounds in support of the application, which are as under:- (i) This Court has not considered that the petitioner is entitled to protection in terms of Resolution dated 15.6.1995 issued by the State of Maharashtra? (ii)The Apex Court has dismissed Special Leave Petition against the order passed by this Court granting protection, by order dated 30.1.2009 passed in Special Leave to Appeal (Civil)No.(s). 1070/2006, a copy of which is placed on record. Having heard learned counsel for the applicant and having perused the record, we find no ground to review the order. Insofar as non-consideration of Resolution dated 15.6.1995 is concerned, we are unable to accept the submission of the learned counsel in view of the Full Bench judgment delivered by this Court in Ganesh Rambhau Khalale vs. State of Maharashtra and others reported in 2009(2)All MR 152. The Full Bench of this Court has considered all the aspects and therefore, we are not inclined to grant any relief to the petitioner on the basis of Resolution dated 15.6.1995. Insofar as order passed by the Apex Court is concerned, it is pertinent to note that by the said order, the Apex Court has dismissed the Special Leave Petition against an order passed by this Court granting protection to the respondent placing reliance upon the judgment of 3 the Apex Court in State of Maharashtra Vs. Milind and others : 2001 (1)SCC 4. The Full Bench has also considered the observation of the Constitution Bench in the case of Milind and others (supra) while delivering the judgment and as such the said order does not advance the case of the petitioner. In view of the above, we find no merit in the application. Hence, the same is dismissed. JUDGE JUDGE Ambulkar.