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18. Subsequently, the controversy cropped up before the Apex Court in Milind's case, cited supra, dealt with by the Constitution Bench of five Judges in respect of the claim of Halba, Halbi, which is an Entry at Serial No.19 in the Constitution (Scheduled Tribes) Order, 1950 in relation to the State of Maharashtra. The candidate Milind was found to be belonged to Koshti, which was an independent and distinct caste having no relationship or identity with Halba, Halbi Scheduled Tribe. The High Court held that it was permissible to enquire whether any sub-division of a tribe was a part and parcel of the tribe mentioned therein and that Halba-Koshti is a sub-division of main tribe Halba, Halbi as per Entry No.19 in the Constitution (Scheduled Tribes) Order.

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19. The Apex Court while reversing the aforesaid view of the High Court in Milind's case found that Entry No.19 in the Scheduled Tribes Order is of Halba, Halbi or whether a particular caste or tribe is Scheduled Caste or Scheduled Tribe, as the case may be, within the meaning of the Entries contained in the Presidential Orders issued under clause (1) of Articles 341 and 342 of the Constitution of India is to be determined looking to them as they are. It was held that clause (2) of the said Article does not permit anyone to seek modification of the said Orders by leading evidence that caste/tribe (A) alone is mentioned in the Order, but caste/tribe (B) is also a part of caste/tribe (A) and as such caste/tribe (B) should be deemed to be a Scheduled Cate or Scheduled Tribe as the case may be. It holds that it is only the Parliament that is competent to amend the Orders issued under Articles 341 and 342 of the Constitution of India. The Apex Court in Milind's case overrules the earlier decisions in Bhaiya Ram Munda v. Anirudh Patar, reported in (1971) SCR 804, and Dina I, (supra), holding that the said decisions took a contrary view, saying that the evidence is admissible for the purpose of showing what an Entry in the Presidential Order was intended to be.

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20. What we understand from the decision in Milind's case is that it was not permissible to enquire whether Halba Koshti is a sub-division or synonym of main tribe of Halba, Halbi as per Entry No.19 of the Scheduled Tribes Order. The decision of the High Court holding that Halba Koshti are the part or the group within the tribe Halba, Halbi, though they are not specifically included in the Presidential Order based upon the decisions of the Apex Court in Bhaiya Ram Munda and Dina I's cases, was overruled. However, this decision did not refer to the decision in Dina II.

(i) Banjara, (ii) Dhangar, (iii) Gowari, (iv) Halba Koshti,

(v) Dhiwar, Dheemar, Koli, Bhoi, Kewat, Kahar and Palewar,

(vi) Mana and (vii) Otari were previously recommended to the WP4032.09+.odt Government of India for inclusion in the list of Scheduled Tribes for Maharashtra and the same may be considered. The details of caste Gowari were given as Item (iii) as under :