support its view that 'Halba-Koshti'
is included in 'Halba' or 'Halbi' Tribe relied on the
following decisions ... said that the view 'Halba-Koshti' was
'Halba'/'Halbi' Scheduled Tribe was holding the field for
long time. There
tribe, sub-tribe, part of or group of
any tribe or tribal community is synonymous to the one mentioned in the
Scheduled Tribes Order ... terms of the said provision, the Constitution (Scheduled Tribes)
Order, 1950 was issued. The tribe "Halba" finds place in the said order
status of a Scheduled Tribe on the ground that they were comprehended within a
designated tribe namely, Halba-Halbi. In coming to this conclusion ... tribe, sub-tribe, part of or group of any tribe
or tribal community is synonymous to the one mentioned in the
Scheduled Tribes Order
Constitution Bench in unequivocal terms held that
Halba Koshtis are not included in entry Halba of
Scheduled Tribes and as such are not entitled ... case of Abhay
Parate was that the Halba Koshtis are included in
Halba/Halbi Scheduled Tribe. It is thus clear that
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Welfare Department, once again ruled that petitioner Prabodh-a-Halba Koshti-belonged to Halba/Halbi tribe. It is observed :
"Therefore, the circumstance that ... Institutions referred to by petitioners, merely represented 'Halba Koshtis' and not 'Halba Tribe'.
It may be mentioned that State of Maharashtra
division of a tribe was a part and parcel of the tribe
mentioned therein and 'Halba-Koshti' is a sub-division of main ... tribe
'Halba/Halbi' as per Entry No.19 in the Scheduled Tribes Order
applicable to Maharashtra.
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Halba-Koshtis" or "Koshti" caste were not "Halbas" and
consequently were not members of "Halba" Scheduled Tribe ... Halba-Koshti/Halbi-Koshti" tribes or belonging to Koshti tribe
were being given Scheduled Tribe certificates. A number of judgments
have been rendered
subdivision of tribe though not mentioned, is part and parcel of such tribe mentioned therein. This Court further held that 'Halba Koshti ... held that 'Halba Koshtis' were included in the entry of 'Halba' Tribe and had, therefore, quashed and set aside the order
petitioner
claiming to be a scheduled tribe candidate belonging to Halba Tribe
was selected and appointed vide appointment order dated
26.07.1997. However, at the time ... confirmation, it was revealed that the petitioner does
not belong to Halba Tribe community but he is Koshti which is not a
part of Halba
post reserved for Scheduled Tribe.
4. The petitioner claims that she belongs to
Scheduled Tribe - Halba , had applied for Caste
Certificate, secured it and furnished ... Tribe
genuine
people
Halba-
is
known as Kursha.
[vi] Details & names of sub-castes of
Halba Scheduled Tribe :-
Petitioner's evidence : During