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(1) Surname 'Parate' is not found in Halba Tribe.
(2) Weaving occupation was not followed by the Halba Tribe.
(3) This Tribe was not found in Nagpur District.
(4) Social Workers and Institutions referred to by petitioners, merely represented 'Halba Koshtis' and not 'Halba Tribe'.

It may be mentioned that State of Maharashtra has been issuing circulars in the matter right from 1962 (detailed reference to which we shall make later). On the basis of the Circular dated 31st July, 1981 issued by the Government of Maharashtra, Social Welfare, Cultural Affairs, Sports and Tourism Department (which though in force, was not noticed in the impugned orders) it was held in the fact of entry in the school leaving certificate regarding the candidate being "Halba" and the caste certificate showing the same Tribe, no elaborate enquiry was permissible and that the circular had a binding force.

20. Let us now take a review of the Governments stand on the issue of "Halba Koshitis" vis-a-vis the Order as reflected from time to time by the Circulars/Resolutions/Instructions in order of time. It is a common point that upto 20th July, 1962, Halba Koshtis were treated as Halbas, in the specified areas of Vidarbha, as per S.T. Order. On 20th July, 1962, Government of Maharashtra, Education and Social Welfare Departments, issued a Circular No. CBC 1462/3073/M to the effect that Halba-Koshtis are not scheduled tribes are different from Halba/Halbi and that as certain persons not belonging to genuine Halba tribe have been taking under advantage, the authorities competent to issue caste certificates should take particulars care to see that no person belonging to Halba Koshti or Koshti Community is issued a certificate declaring him as member of Scheduled Tribes. It is known why and how, but on 22nd August, 1967 by Circular No. CBC 1466, 918337/M. 1962 Circular and withdrawn. On 27th September, 1967, vide Circular No. CBC-1466/91837/M, Government's intention to treat Halba Koshtis as Halba was once again reiterated. On 13th September, 1967, vide Circular No CBC 1466-91837-M, the State Government appears to have written a letter to the Government of India reiterating the stand that Halba Koshtis were Halba. On 30th May, 1968, vide letter No. CBC-1468-2027-O, the state Government informed the Deputy Secretary to the Lok Sabha that 'Halba Koshtis" is Halba/Halbi and that it should be specifically included in the proposed Amendment Act. On 29th July, 1968, vide Letter No. EBC-1060/49321-J-76325, the Government of Maharashtra, informed the Commissioner for Scheduled Castes and Scheduled Tribes that Halba Koshtis community has been shown included in the list of Scheduled Tribes in the State and that the students belonging to that community are eligible for Government of India Post Matric Scholarships. On 1st January, 1969, vide Letter No. TRI/I/H.K./68-69, the Director of Social Welfare, Tribal Research Institute, Pune, informed the State Government that the State Government cannot under law amend the S.T. Order and tribe not specifically included cannot be treated as the Scheduled Tribes and hence the position with relation to Halba Koshtis should be clarified. Government gave a reply darted 20th January, 1969 to the effect that treating Halba Koshti in Vidarbha area as Halba did not amount to amendment of the S.T. Order and that 1962 Circular was issued without obtaining approval of the Government. On 21st April, 1969, the Government of India wrote to the State Government that in view of Basavalingappa's (supra) Halba Koshti community can be treated as Scheduled Tribes only if it is specifically added to the list as sub-tribe and not otherwise. On 24th and 28th October, 1969, 19th July, 1973 and 6th November 1974, several Circulars to Government officials were issued asking them to recognise "Halba Koshtis" as Halbas. Authorities competent to issue caste certificate and the guide lines for enquiry were fixed. On 2nd May, 1975, the Central Government communicated the points to be taken into considerations at the time of issuance of caste certificate by the Authorities. On 18th December, 1975, the Government of Maharashtra informed the Commissioner, Nagpur Division, Nagpur that the view taken by the Collector, Bhandara, to the effect that "Halbas' residing in Bhandara district cannot be treated as Scheduled Tribes, was not correct. "Halba" caste Certificate thus were issued to Halba-Koshtis by the Executive Magistrate as per instructions to hundreds of persons.

22. Then follows a Circular dated 31st July, 1981 Bearing No. CBC-1481/(703)/D.V., (on the basis of which Abhay Parate was decided) reading as under:

"Government is pleased to direct that until further orders, in so far as Halbas are concerned, the School Leaving Certificate should be accepted as valid for the purpose of the caste.
2. Government is further pleased to direct that the advantages accrued to the Scheduled Tribal under the Constitution will go to the Tribals to the extent of 7% and those going to Halbas who mainly reside in Vidarbha Region and large sections of whom earn their livelihood from weaving will be in additions thereto. Consequently, after the selection of candidates belonging to Scheduled Tribes including Halbas is completed, the number of seats in respective educational institution should be increased to the extent of number of selected Halbas so that the Scheduled Tribes who are left as a result of selection of Halbas are admitted."

23. Vide resolution dated 23rd January, 1985, a new Scrutiny Committee was appointed for verification of caste certificate of Scheduled Tribe in general. It may be mentioned that though several circulars were withdrawn, the circular dated 31st July, 1981, dealing specially with Halba tribe was not. It is for the first time on 8th March, 1985 that the Committee was authorised to hold enquiry "even by going beyond the Government Resolutions mentioned at (i) and (ii) above (i.e. 29th October, 1980 and 31st July, 1981), " if it has reason to believe that the certificate is manipulated or fabricated or has been obtained by production is sufficient evidence etc." Thus, it is clear that upto 8th March, 1985 the enquiry was governed by Circular dated 31st July, 1985. From a Government Resolutions dated 24th April, 1985, it appears that the Government has appointed a Sub-committee to prepare guide lines useful for the decision of the tribe claims. Sub-committee forwarded the guide lines and the new Scrutiny Committee had approved those guidelines. The guide lines, inter alia, contain a comparative statement about the communities having similar nomenclature of which undue advantage was being taken. Item No. 19 contains comparative information regarding Halba/Halbi on one hand and Koshtis on the other. It is mentioned that real Halbas are predominately in Chandrapur, Gadchiroli and Bhandara District, and as per 1971 Census their loyal number in Maharashtra was 7025. They speak Halba/Halbi language and that weaving is a taboo in that tribe. Koshtis as per those guide lines worship Hindu Gods, celebrate Hindu festival, their population is about 5-6 lakhs and that they have of late mala fide started calling themselves as Halba Koshtis and very recently only as Halbas. Surnames commonly found in Koshtis were also mentioned in the said communications.