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9. Now the enquiry, We do not seem to operate upon a virgin field. Halba/Halbi tribe is found principally in the geographical area comprising of old C.P. and Berar. Three different High Courts having jurisdiction over these areas have on several occasions adjudicated upon this issue rights from the year 1951. In the case of Sonabai v Laxmibai, 1956 N.L.J. 725 decided by the Division Bench of erstwhile Nagpur High Court (R. Kaushalendra Rao & R.P. Deo, JJ.) after considering entire evidence as well as survey report by experts studies etc. a finding is recorded that Halba-Koshtis have their origin in the aboriginal tribe Halba/Halbi and are therefore, governed by Benares School of Hindu law, It is observed :

11. Divisions Bench of this Court at Bombay (Deshmukh C.J. & Bhonsale J.) dealt this question in the case of Sunil Nana Umredkar v. Dr. V.G. Ranade, Writ Petition No. 2404 of 1980, decided on 24th September, 1980. The petitioner was refused admission to the B.J. Medical College, Pune, in the reserved seat for the scheduled tribes, though he belonged to Halba-Koshtis community. The Director of Social Welfare took the stand that Halba Koshti is not a Schedule Tribe "Halba". This stand and consequential refusal of admission was challenged in the High Court. During the course of hearing which appears to have went on different dates, the learned Assistant Government Pleader appearing for the respondent there conceded that the respondent there, i.e. the Director and State were unable to deny the claim of the petitioners as belonged to scheduled tribe. After considering the material and this concession, the petitioner there was directed to be admitted as Scheduled Tribe "Halba" candidate. The following observations are to the point :

(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.