1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.3068/2001 [Purushottam P. Paunikar .vrs. The State of Maharashtra and others] ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... CORAM : A.P. LAVANDE AND P.D. KODE, JJ. DATE : OCTOBER 14, 2009. Heard Mr. S.D. Khati, learned counsel for the petitioner and Mrs. S.S. Wandile, learned AGP for respondent no.1. None appears on behalf of respondent nos.2 and 3. The petitioner was appointed by respondent no.3 on 31.1.1996 as “Expert Weaver Senior” in the post reserved for Scheduled Tribe. On 3.2.2001 the caste scrutiny committed invalidated the tribe claim of the petitioner. It is not in dispute that the said order has become final. The petitioner, by filing the present petition, has claimed protection in service. The petitioner seeks protection in view of the judgment of the Apex Court in the case of State of Maharashtra .vrs. Milind and others, AIR 2001 SC 393 2 and the Resolution dated 15.6.1995. The Full Bench judgment of this court in the case of Ganesh Rambhau Khalale .vrs. State of Maharashtra and others, reported in 2009(2) Mh.L.J.788 has clearly held that the observations/directions issued by the Apex Court in the case of Milind Katware is not the ‘law declared by the Supreme Court’ under Article 141 of the Constitution of India and that the same have been issued in exercise of powers under Article 142 of the Constitution. The Full Bench has held that if the tribe claim is invalidated, the incumbent is not entitled to the protection of his service. The ratio laid down in the said case is squarely applicable in the present case. It is also pertinent to note that Full Bench has considered the judgment of the apex court in the case of Milind Katware (supra). In view of the above, the petition has no merit and accordingly the same is dismissed with no order as to costs. Interim order granted by this Court on 1.7.2003 stands vacated. JUDGE JUDGE Gulande