concerned Entry in
the Constitution (Scheduled Tribes) Order, 1950?
2) Whether `Halba Koshti' caste is a sub-tribe within
the meaning of Entry ... Halba/Halbi) of the said Scheduled
Tribes Order relating to State of Maharashtra, even though
it is not specifically mentioned as such
himself to be a member of Schedule
Tribe being belonging to "Halba" tribe notified in terms of the
Constitution (Scheduled Tribes) Order ... Koshti" which was, however, later on corrected as
"Halba". One of his cousins Ku. Sandhya Manohar Bhivapurkar,
daughter of the uncle
office in a post.” (Id. at p. 256-257)
C The Halba / Halbi controversy
9 The Constitution (Scheduled Castes) Order 1950 and the Constitution
(Scheduled ... list of Scheduled Tribes for the State of Maharashtra, Entry
19 is :
“Halba, Halbi”
10 In the State of Maharashtra, the ambit of Entry
declared that the appellant was a ‘Koshti’ by Caste and not a ‘Halba’ which
is a notified Scheduled Tribe. The facts giving rise ... appellant herein did
not possess. The appellant claiming to be a ‘Halba’ applied for the
solitary post reserved for the Scheduled Tribe candidates
claiming
himself to be a Scheduled Tribe candidate. The student claimed that Halba-
Koshti were the same as Halba, mentioned in the Constitution (Scheduled
Tribes ... List of castes mentioned in the Order and that Halba-
Koshtis could not by any process of reasoning or interpretation treated to
be Halbas. Having
respondent herein, Suresh Ramkrishna Burde, claiming
himself to be belonging to Halba Scheduled Tribe and after submitting
a certificate to the said effect ... belonged to 'Koshti' caste and he
did not belong to Halba Scheduled Tribe. This order was again
challenged by the respondent by filing
which the caste claim of the Petitioner
that she belongs to Halba, a Scheduled Tribes has been negatived and
the caste certificate has been cancelled ... others1. Though the claim of the Petitioner
that he belongs to Halba, a Scheduled Tribe, is not given up, the learned
counsel appearing
other concerned cases, we are concerned with the Scheduled Tribes "Halba/Halbi at entry No 19, para IX, Second Schedule ... Order, Halbas from the following areas only were covered :
(1) Melghat tahsil of Amravati district.
(2) Gadachiroli and Sironcha tahsils of Chandrapur district.
(3) Kelapur
issued by the Competent Authority testifying her to
belong to the “Halba Scheduled Tribe Category”. The question
before us is indeed a vexed ... several decades,
found her disentitled to claim the benefits enuring to Halbas.
2. In R. Vishwanatha Pillai v. State of Kerala
petitioners had obtained the caste/tribe certificates
showing them to be belonging Halba scheduled tribe. However said
certificates are invalidated by orders passed ... that though he belongs to a Koshtis,
the sub-caste of the Halba Scheduled Tribe. The question came
up before the Bombay High Court that
