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Pursuant to the said order, the appeal is placed before us for consideration and decision.

The facts briefly stated to the extent they are relevant and required for the decision are the following.

The respondent no. 1 herein filed the Writ Petition No. 2944/84 at the Nagpur Bench of the Bombay High Court to quash the orders passed by the Director of Social Welfare (R-6) and the Additional Tribal Commissioner (R-5) which invalidated the caste certificate issued to him as belonging to Scheduled Tribe. It is stated that Raoji Koshti of Khapa Town in Nagpur Tehsil had a son by name Bajirao who had a son by name Sharad. The present respondent no. 1 namely, Milind is the son of said Sharad. On the basis of school certificate and other records of the respondent no. 1 and his close relatives, he obtained caste certificate from the Executive Magistrate, Nagpur on 20.8.1981 as belonging to 'Halba' Scheduled Tribe which is recognized as Scheduled Tribe. Having the said certificate, he applied to the Government Medical College for admission to MBBS degree course for the year 1985-86 in the reserved category meant for Scheduled Tribes. It appears his name was included in the merit list of the candidates belonging to the Scheduled Tribe. As per the procedure prescribed then, his certificate was sent for verification of the Scrutiny Committee constituted under the Directorate of Social Welfare, Pune. The said Committee after conducting enquiry and having due regard to documents placed on record and other aspects concluded that the respondent no. 1 did not belong to 'Halba' Scheduled Tribe. Consequently, the Caste Certificate issued to him as such was rejected. The respondent no. 1, aggrieved by the order made by the Committee, filed an appeal before the Additional Tribal Commissioner, Nagpur. The appellate authority having held further enquiry and after considering all aspects, by a detailed order dismissed the appeal, clearly recording a finding that the respondent no. 1 belonged to "Koshti" caste and that he did not belong to "Halba/Halbi" Scheduled Tribe. The appellate authority went to the extent of saying that he belonged to "Koshti" caste thereof. The appellate authority collected the birth register indicating the birth of a female child to Bajirao Raghoji, the school record of Municipal Primary School, Khapa, indicating admission entries of said Bajirao, as also the Dhakal Kharij Register of Municipal Primary School containing the entry of admission of Sharad, the father of the respondent no. 1. From these records, it was found that the entire family of respondent no. 1 belonged to the 'Koshti' caste. The appellate authority recorded the statement of the father of the respondent, who accepted that these entries related to him, his father and his step-sister Shantabai, daughter of Bajirao Koshti. In his statement, he further admitted that all his relatives have married in their own caste and there was no instance of inter-caste marriage having taken place; in the records, name of the caste and occupation were separately mentioned. His own explanation was that entry 'Koshti' found in the documents did not indicate caste but it only pertains to occupation. The appellate authority looking to various other entries in the register found that the caste and occupation are separately mentioned. It was also noticed that the respondent no. 1 did not tender any evidence to show that he belonged to 'Halba-Koshti' sub-caste. The appellate authority referring to various imperial Gazetteers and other public documents for a period of 150 years came to the conclusion that the 'Koshti' was an independent and distinct caste having no relationship or identity with the 'Halba'/'Halbi' Scheduled Tribe. It also took note of the Circular dated 13.2.1984 issued by the Central Government that 'Halba-Koshtis' were seeking undue benefits of reservation by posing themselves as 'Halba'/'Halbi' Scheduled Tribe and in the light of clinching evidence the appellate authority felt itself bound to hold that the respondent no. 1 did not belong to the 'Halba' Scheduled Tribe and declined to give presumptive value to the school leaving certificate of the respondent no. 1 as postulated in the Circular dated 31.07.1981, in the face of overwhelming evidence and circumstances to the contrary. Hence the respondent no. 1 filed the writ petition as already mentioned above.

Although this Schedule is amended by law made by Parliament, Entry 19 is not amended for adding 'Halba-Koshti' in the said Entry. Looking to the other Entries extracted above in the same part, it is clear that wherever a particular area was to be excluded, it is so done by mentioning the same in the concerned (Entry relating to a tribe). Similarly, if a tribe or tribal community had other names and they were to be included in the Entry, it is done by mentioning them specifically. When there was agitation and representation to include 'Halba Koshti' within Scheduled Tribes even long before Amendment Act, 1976 was passed and the very fact that 'Halba-Koshti' was not included within Entry 19 relating to 'Halba/Halbi', negatives the claim of the Respondent No. 1. Further if `Halba Koshti' was part of group or sub-tribe of 'Halba'/ 'Halbi' Tribe, there was no need for representation to include it before Parliamentary Joint Committee.

(From Corpus Juris Secondum) The decisions relied on by the High Court to apply the doctrine of stare decisis, firstly, were not holding the field for long time. Secondly, they are evidently contrary to the constitutional provisions. Thirdly, all the decisions rendered by the High Courts after 1965 were not consistent with the law laid down by this Court. Fourthly, if the view of the High Court is accepted, it will lead to absurd, unjust and ex-facie illegal results running contrary to Articles 341 and 342 of the Constitution. Fifthly, this Court in State of Maharashtra vs. Abhay and Ors. (AIR 1985 SC 328) specifically had kept open the larger question whether 'Halba-Koshti' is Halba. The High Court in the impugned judgment refers to this decision but only states that the said judgment shall govern the petitioner only. Sixthly, all the said decisions were not directly on the point relating to Scheduled Tribes Order issued under Article 342 of the Constitution; some of the cases arose out of civil disputes involving adoption. Seventhly, even the State Government was not consistent in its stand touching the issue whether 'Halba-Koshtis' were 'Halba'/'Halbis' to consider them as Scheduled Tribes. As early as on 20.7.1962 itself a circular was issued to the effect that 'Halba-Koshtis' were not Scheduled Tribes. Further a look at the various circulars / resolutions/instructions/orders referred to in paragraphs 20 to 22 of the impugned judgment, makes it clear that the controversy was not settled. Hence it cannot be said that the view 'Halba-Koshti' was 'Halba'/'Halbi' Scheduled Tribe was holding the field for long time. There arose no question of unsettling or upsetting the position in law which itself was not a settled one, till first Constitution judgment in Basavalingappa case was delivered by this Court. Per contra, the impugned judgment runs contrary to the law clearly settled by various judgments of this Court.

Thus, the High Court was not right in invoking and applying the doctrine of stare decisis on the facts and in the circumstances of the case.

The High Court in paragraphs 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. 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 member of Scheduled Tribes. On 22.8.1967 the above-mentioned 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. 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 Government of India Post Matric Scholarships. On 1.1.1969 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 Tribe 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's case (supra) '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 recognize 'Halba-Koshtis' as 'Halbas' and indicated as to who were the authorities competent to issue certificates and the guidelines were given for enquiry. 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. Government informed the District Magistrate, Nagpur, that 'Halba-Koshtis' should not be issued 'Halba' Caste Certificate. Thereafter, few more circulars, referred to in paragraph 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 castes certificates of Scheduled Tribes. The High Court had observed in paragraph 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 authorized to hold enquiry 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 the respondent no. 1 could be considered as valid and upto 8.3.1985 the enquiry 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 the respondent no. 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 no. 1, the circulars /resolutions /instructions issued by the State Government from time to time, some time contrary to the instructions issued by the Central Government, are of no consequence. They could be simply ignored as the State Government had neither authority nor competency to amend or alter the Scheduled Tribes Order. It appears taking note of false and frivolous claims being made by persons not entitled to claim such status, the Government of India addressed letters and issued instructions between the period from 21.4.1969 to 1982 to impress that there should be strict enquiry before issuance of caste certificates to persons claiming Scheduled Caste / Scheduled Tribe status; strict scrutiny into the caste of the parent should be effected as a check-point. The State Government issued Resolution dated 29.10.1980 in consonance with the instructions given by the Central Government laying down the guidelines on which the enquiry should be held before issue of Caste Certificate. Another Resolution dated 24.2.1981 was also issued for appointing a scrutiny committee to verify whether the Caste Certificate has been issued to person who is really entitled to it in view of the complaints of misuse of reservational benefits on a large scale. These Resolutions were operative as they had not been repealed. This Court in its judgment dated 19.10.1984 State of Maharashtra vs. Abhay & Ors [AIR 1985 SC 328] directed that the State of Maharashtra should devise and frame a more rational method for obtaining much in advance a certificate on the strength of which a reserved seat is claimed. But the High Court committed an error in interpreting the scope of the Circular dated 31.7.1981 that the School Leaving Certificate was conclusive of the caste. This interpretation was plainly inconsistent with the instructions and resolutions stated above. Further it may be also noticed here that the Joint Parliamentary Committee did not make any recommendation to include 'Halba-Koshti' in the Scheduled Tribes Order. At any rate the Scheduled Tribes Order must be read as it is until it is amended under clause (2) of Article 342. In this view also, the circulars/ resolutions /instructions will not help the respondent no. 1 in any way. Even otherwise, as already stated above, on facts found and established the authorities have rejected the claim of the respondent no. 1 as to the Caste Certificate. The power of the High Court under Article 227 of the Constitution of India, while exercising the power of judicial review against an order of inferior tribunal being supervisory and not appellate, the High Court would be justified in interfering with the conclusion of the tribunal, only when it records a finding that the inferior tribunal's conclusion is based upon exclusion of some admissible evidence or consideration of some inadmissible evidence or the inferior tribunal has no jurisdiction at all or that the finding is such, which no reasonable man could arrive at, on the materials on record. The jurisdiction of the High Court would be much more restricted while dealing with the question whether a particular caste or tribe would come within the purview of the notified Presidential Order, considering the language of Articles 341 and 342 of the Constitution. These being the parameters and in the case in hand, the Committee conducting the inquiry as well as the Appellate Authority, having examined all relevant materials and having recorded a finding that respondent no. 1 belong to 'Koshti' caste and has no identity with the 'Halba/Halbi', which is the Scheduled Tribe under Entry 19 of the Presidential Order, relating to State of Maharashtra, the High Court exceeded its supervisory jurisdiction by making a roving and in-depth examination of the materials afresh and in coming to the conclusion that 'Koshtis' could be treated as 'Halbas'. In this view the High Court could not upset the finding of fact in exercise of its writ jurisdiction. Hence, we have to essentially answer the question no. 2 also in the negative. Hence it is answered accordingly.