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
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
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
petitioner and all subsequent promotions were as a candidate
belonging to Halba Scheduled Tribe category.
2. On reference of his claim to the Committee ... petitioner and further promotion was as a candidate belonging to
Halba Scheduled Tribe.
4. The claim of the petitioner for Halba Scheduled Tribe was
referred
conclusion that Shri Bhojraj Haribahu Khawas does not
belong to the Halba, Scheduled Tribe and as such his claim towards the same
is held invalid ... caste Certificate of his belonging to “Halba”,
Scheduled Tribe granted by the Executive Magistrate, Nagpur Vide R.C.
No.181/MRC-81/81/82, dated
issuance of relevant
certificates to persons claiming to be `Koshtis' or `Halba
Koshtis' under the broadband of `Halbas', protection of
employment will ... Milind that the Constitution Bench
clarified that `Koshtis' or `Halba-Koshtis' were not
entitled to claim benefits as Scheduled Tribes
cases.
3. The undisputed facts are that a tribe known as "Halba" in the State of
Chhattisgarh and in the erstwhile State ... India. The original writ petitioners admittedly do not belong to "Halba"
tribe. They are "Koshti" but some of them were shown
claim of the petitioner was that he belongs to
'Halba/Halbi', Scheduled Tribe category. His claim was invalidated by
the Caste Scrutiny Committee ... part and parcel of the tribe
mentioned therein and 'Halba-Koshti' is a sub-division of main tribe
'Halba/Halbi
