In Re: Reference by the Sessions Judge of Surat

joint judges - criminal procedure code act x of 1882, section 193, clause 2--applications under chapter xxxii--sessions judge, power of, to direct disposal, by joint sessions judge, of such applications as cases transferred. - maharashtra scheduled castes, scheduled tribes, de-notified 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. nanabhai haridas, j.1. if the applications mentioned in paragraph 2 of the acting sessions judge's letter (no. 187) of 27th january, 1885, be applications for the exercise of the sessions judge's power under chapter xxxii of the criminal procedure code (act x of 1882), we think mr. thakur's view of the law to be correct. section 193, clause 2, refers only to cases which, are to be made over to the joint sessions judge for trial,