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9. Having said so, this Court noticed the stand taken by the Government on the issue of ‘Halba-Koshti’ from time to time and the circulars, resolutions, instructions but held that even though the said circulars, instructions had shown varying stands taken by the Government from time to time relating to ‘Halba-Koshti’ yet the power of judicial review exercised by the High Court did not extend to interfering with the conclusions of the competent authorities drawn on the basis of proper and admissible evidence before it. This Court observed:

10. What is important is that this Court noticed the prevailing confusion arising out of different circulars and instructions on the question of ‘Halba-Koshti’ being Scheduled Tribes. Dealing with the observations made by the High Court and referring to circulars, instructions and resolution issued by the Government from time to time, this court observed:

“33. The High court in paras 20 to 23 dealt with circulars/resolutions/ instructions/orders made by the Government from time to time on the issue of “Halba-Koshtis”. It is stated in the said judgment that up to 20-7-1962 “Halba-Koshtis” were treated as “Halbas” in the specified areas of Vidarbha. The Government of Maharashtra, Education and Social Welfare Department issued Circular No. CBC 1462/3073/M to the effect that “Halba-Koshtis” were not Scheduled Tribes and they are different from “Halba/Halbis”. In the said circular it is also stated that certain persons not belonging to “Halba” Tribe have been taking undue advantage and that the authorities competent to issue caste certificates should take particular care to see that no person belonging to “Halba-Koshtis” or “Koshti” community is given a certificate declaring him as a member of Scheduled Tribes. On 22-8- 1967 the abovementioned circular of 20-7-1962 was withdrawn. Strangely, on 27-9-1967, another Circular No. CBC-1466/9183/M was issued showing the intention to treat “Halba-Koshti” as “Halba”. On 30-5-1968 by Letter No. CBC-1468-2027-O, the State Government informed the Deputy Secretary to the Lok Sabha that “Halba-Koshti” is “Halba/Halbi” and it should be specifically included in the proposed amendment Act. The Government of Maharashtra on 29-7-1968 by Letter No. EBC-1060/49321-J-76325 informed the Commissioner for Scheduled Castes and Scheduled Tribes that “Halba-Koshti” community has been shown included in the list of Scheduled Tribes in the State and the students belonging to that community were eligible for the Government of India Post-Matric Scholarships. On 1-1-1969 the Director of Social Welfare, Tribal Research Institute, Pune, by his Letter No. TRI/I/H.K./68-69 stated that the State Government could not in law amend the Scheduled Tribes Order and that a tribe not specifically included, could not be treated as Scheduled Tribe. In this view the Director sought for clarification. The Government of India on 21-4-1969 wrote to the State Government that in view of Basavalingappa case “Halba-Koshti” community could be treated as Scheduled Tribe only if it is added to the list as a sub-tribe in the Scheduled Tribes Order and not otherwise. Thereafter, few more circulars were issued by the State Government between 24-10-1969 and 6-11-1974 to recognise “Halba-Koshtis” as “Halbas” and indicated as to who were the authorities competent to issue certificates and the guidelines were given for inquiry. There was again departure in the policy of the State Government by writing a confidential Letter No. CBC-1076/1314/Desk-V dated 18-1-1977. The Government informed the District Magistrate, Nagpur, that “Halba- Koshtis” should not be issued “Halba” caste certificate. Thereafter, few more circulars, referred to in para 22 of the judgment, were issued. It may not be necessary to refer to those again except to the circular dated 31-7-1981 bearing No. CBC- 1481/(703)/D.V. by which the Government directed that until further orders insofar as “Halbas” are concerned, the School Leaving Certificate should be accepted as valid for the purpose of the caste. Vide resolution dated 23-1-1985 a new Scrutiny Committee was appointed for verification of caste certificates of the Scheduled Tribes. The High Court had observed in para 23 of the judgment that several circulars issued earlier were withdrawn but the said circular dated 31-7-1981 was not withdrawn. For the first time on 8- 3-1985 the Scrutiny Committee was authorised to hold inquiry if there was any reason to believe that the certificate was manipulated or fabricated or had been obtained by producing insufficient evidence. Referring to these circulars/resolutions the High Court took the view that the caste certificate issued to Respondent 1 could be considered as valid and up to 8-3-1985 the inquiry was governed by circular dated 31-7-1981. The High Court dealing with the stand of the State Government on the issue of “Halba-Koshti”, from time to time, and also referring to circulars/resolutions/instructions held in favour of Respondent 1 on the ground that the appellant was bound by its own circulars/orders. No doubt, it is true, the stand of the appellant as to the controversy relating to “Halba-Koshti” has been varying from time to time but in the view we have taken on Question 1, the circulars/ resolutions/instructions issued by the State Government from time to time, some times contrary to the instructions issued by the Central Government, are of no consequence. They could be simply ignored as the State Government had neither the authority nor the competency to amend or alter the Scheduled Tribes Order.

11. A careful reading of the above would show that both the High Court as also this Court were conscious of the developments that had taken place on the subject whether ‘Halba-Koshti’ are ‘Halbas' within the meaning of the Presidential Order. The position emerging from the said circulars, resolutions and orders issued by the competent authority from time to time notwithstanding, this Court on an abstract principle of law held that an inquiry into the question whether ‘Halba-Koshti’ were Halbas within the meaning of the Presidential order was not legally permissible.