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38. In this background, judgment of the Apex Court in State of Maharashtra v. Milind, (2001) 1 SCC 4, becomes relevant for discussion, since it has been held therein as under:

"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 On 22-8-1967 the abovementioned circular of 20-7-1962 was withdrawn.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 [AIR 1965 SC 1269 : (1965) 1 SCR 316] "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, sometimes 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. 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 inquiry 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 checkpoint. 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 inquiry should be held before issue of the 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 a 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 v. Abhay [1984 Supp SCC 701 :

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