Mangal Singh Vs. the King

.....tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act (23 of 2001), sections 6 & 10: [s.b. mhase, a.p. deshpande & p.b. varale, jj] caste certificate petitioner seeking appointment against the post reserved for member of schedule tribe his caste certificate was invalidated subsequently held, his appointment would not be protected. the observations/directions issued by supreme court in para 36 of judgment in the case of state v millind reported in 2001 91) mah. lj sc 1 is not the law declared by supreme court under article 141 of the constitution of india. said observations/directions are issued in exercise of powers under article 142 of the constitution and also have no application to the cases relating to appointments and are restricted to the cases relating to admissions. the protection, if any, to be granted in the fact and circumstances of case would depend upon exercise of discretion by supreme court under article 142 of the constitution. said powers under article 142 of constitution is not available to the high court. hence no protection can be granted by high court even in cases relating to admissions. - he is seeking to have the best of both worlds.thankerton, j.1. [after referring to the provisions of rule 81 of the judicial committee rules, 1925, his lordship continued :] counsel for the petitioner appears to be flying straight in the teeth of the rule. the proposal is a novel one to me, or, at least, a most unusual one. i fear that it is not competent. the petitioner is asking for indulgence to appeal as a pauper, and yet wishes to employ counsel at someone else's expense. he is seeking to have the best of both worlds.2. with regard to the legal aid provided to prisoners by the court of criminal appeal in this country, there is statutory provision for it. the petitioner is asking for an order which this board cannot possibly pronounce.3. with the exception of the point with regard to the fees of counsel and solicitor, the petition will be granted.