the code of
criminal procedure (act x of 1872), sections 314 and 18 - combined sentence for several offences--comfirmation--appeal. - 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. 1. the court consider that the combined sentence passed under
section 314 of the code of criminal procedure, in a case of simultaneous convictions for several offences, must be considered a single sentence for the purpose of confirmation or appeal. the sentence of nine years' rigorous imprisonment in the present case, therefore, requires confirmation by the sessions judge (section 18). the proceedings are accordingly forwarded to the sessions judge for his order. should he confirm the sentence
wholly or in part, he should return the proceedings to this court, in order that the appeal may be disposed of.