By the impugned judgment, the High Court was persuaded to accept the companytention of the Maharashtra State Electricity Board that in the meantime somebody else has been appointed to the post and as such there is numbervacancy and further in terms of Regulation 29 the panel of selected persons in which the appellant was included has expired and therefore there is numberlegal right of the appellant to be enforced with by issuance of a mandamus.
These appeals are directed against the judgment of the Bombay High Court dated 3 8 1995 refusing to issue a mandamus to the respondents to recruit him to the post to which he was selected as well as against the order refusing to review the said judgment dated 3 8 1995.
He had produced the certificate of the Magistrate indicating that he belongs to Halba caste which is undoubtedly the Scheduled Tribe, but the employer in accordance with the procedure prescribed referred his case to the Caste Scrutiny Committee for verification.
The said order of the Scrutiny Committee was upheld in appeal but a writ petition being carried, the High Court in WP No.
445 of 1993 came to the companyclusion that the appellant does belong to the Halba caste and therefore he was kept illegally out of employment.
The said companymittee being of the opinion that the appellant does number belong to Halba caste denied him the right to be employed numberwithstanding his selection for the post in question.
The appellant undisputably was selected for the post of Assistant Personnel Officer meant for a Scheduled Tribe category.
After the said judgment the appellant approached the authority but the authority number having given the appointment in question, he again moved the High Court.
Leave granted.
