same region and
under the Constitution (Scheduled Tribes) Order,
1950 as it originally stood the tribe Halba/Halbi of
that region may be given ... same region (covered under
the Constitution (Scheduled Tribes) Order 1950 as regards
the Scheduled Tribe Halba / Halbi) and the possibility that
the nature of degree
same
region and under the Constitution (Scheduled Tribes) Order,
1950 as it originally stood the tribe Halba/Halbi of that region
may be given ... even after reorganisation might have
agreed for inclusion of the said tribe Halba/Halbi as a
Scheduled tribe in the State of Maharashtra having regard
certificate dated 9-8-1988
stating that he belongs to the Halba Scheduled Tribe.
Thereafter the appointment of the appellant was confirmed ... appellant upon the invalidation of his claim to belong to the
Halba Scheduled Tribe by the Scrutiny Committee on 5-10-
2012. There
same region and under the
Constitution (Scheduled Tribes) Order, 1950 as it originally stood
the tribe Halba/Halbi of that region may be given ... even after
reorganisation might have agreed for inclusion of the said tribe
Halba/Halbi as a Scheduled tribe in the State of Maharashtra
having regard
wherein the fact was that the tribe 'Halba' was recognized as Schedule Tribe in
the District of Chhindwara, in the State of Madhya ... State of
Maharashtra, but caste 'Halba' continued to be recognized as Schedule Tribe, in
the State of Maharashtra also. However, the caste certificate
down any law that 'Lohars' are
'Scheduled Tribe' Thus the law was ultimately declared and settled
that 'Lohars' belong ... that Halba/Koshti could not be
treated to be a sub-tribe of Halba/Halbi.
11. Now coming to the facts of this case
Apex Court found that the question
whether Koshti-Halbas were members of Scheduled Tribe, was not
decided by the Court and the appellant had obtained ... completed the Engineering course claiming to belong to a reserved
category (Halba, ST) while he belonged to General category (Koshti).
In order to complete justice
were earlier
obtained on the basis of a caste certificate of Scheduled Tribe
which was invalidated in their cases after more than one
decade ... certificates
to persons claiming to be Koshti or Halba-Koshti under the
broad band of 'Halba'. In the said context the Apex Court
Madhusudan vs The State Of Jharkhand on 22 August, 2023
Author: S.N. Pathak
Bench
