concerned Entry in
the Constitution (Scheduled Tribes) Order, 1950?
2) Whether `Halba Koshti' caste is a sub-tribe within
the meaning of Entry ... Entry 19 relating to 'Halba/Halbi',
negatives the claim of the Respondent No. 1. Further if
`Halba Koshti' was part of group
Halba/ Halbi" as per entry No. 19 in the
Act as applied to Maharashtra.
(7) Every Koshti is not Halba Koshti."
The State ... Koshti caste
and the Halbas a Scheduled Tribe. The Halba
tribals have no relations of identity with the
Halba Koshti sub-caste of the Vidarbha
became a bone of
contention particularly with persons belonging to the Halba-Koshti community
claiming to be a sub-tribe of the designated tribe ... held that Halba-Koshti constituted a
sub-division of the tribe “Halba-Halbi” under Entry 19 of the Scheduled Tribes
Order, 1950. Halba-Koshtis were
could not have been set aside on the ground that Koshti-
Halbas were not ‘Halbas’ entitled to the benefit of reservation as
Scheduled Tribes. Relying ... Koshti’ and not a ‘Halba’ by the Verification Committee, she
was entitled to protection against ouster.
13. We find merit in that contention. If ‘Halba
confusion whether a ‘Halba’ was the same as ‘Halba-Koshti’
and concluded that while ‘Halba’ and ‘Halba-Koshti’ could not be treated ... also dealing with a similar confusion between ‘Halba’ and ‘Halba-
Koshti’ and applying the principle underlying in Milind’s case (supra) this
Court held that
caste Halba
which is a notified Scheduled Tribe and his caste was Koshti. This
Court took a view that Halba Koshti was a sub-division ... case where a person claiming to be a Koshti or Halba Koshti was
appointed on a post reserved for a Scheduled Tribe on or before
tribes, though he belonged to Halba-Koshtis community. The Director of Social Welfare took the stand that Halba Koshti is not a Schedule Tribe ... Tribes Welfare Department, once again ruled that petitioner Prabodh-a-Halba Koshti-belonged to Halba/Halbi tribe. It is observed :
"Therefore, the circumstance that
determine whether he
Page 2 of 15
belonged to Halba Scheduled Tribe community or
“Halba/Koshti” the Other Backward Class (hereinafter
“OBC”) community. The Committee ... only those who were
actually “Halba Koshti” or “Koshti” believed that they
were members of “Halba”, a Scheduled Tribe and who got
jobs prior
Name of the Caste
1 ...................
2 ..................
3 (1) Koshti (2) Halba Koshti (3) Halba Caste
18/44
::: Downloaded on - 15/04/2014 ... Halba' was the same as `Halba-Koshti' and concluded
that while `Halba' and `Halba-Koshti' could not be
treated
Halba-Koshti" cannot claim the status of Scheduled
Tribes but the persons belonging to "Koshti or Halba Koshti" who had got
admission ... were actually "Halba Koshti" or
"Koshti" in the State of Madhya Pradesh and being "Halba Koshti" or
"Koshti