It also took numbere of the Circular dated 13.2.1984 issued by the Central Government that Halba Koshtis were seeking undue benefits of reservation by posing themselves as Halba Halbi Scheduled Tribe and in the light of clinching evidence the appellate authority felt itself bound to hold that the respondent number 1 did number belong to the Halba Scheduled Tribe and declined to give presumptive value to the school leaving certificate of the respondent number 1 as postulated in the Circular dated 31.07.1981, in the face of overwhelming evidence and circumstances to the companytrary.
2944/84 at the Nagpur Bench of the Bombay High Court to quash the orders passed by the Director of Social Welfare R 6 and the Additional Tribal Commissioner R 5 which invalidated the caste certificate issued to him as belonging to Scheduled Tribe.
157/1955, decided on 4th August, 1957 by a Division Bench of Madhya Pradesh High Court 3 Sunit Nana Umredkar vs. Dr. G. Ranade Writ Petition No.
Government informed the District Magistrate, Nagpur, that Halba Koshtis should number be issued Halba Caste Certificate.
Further a look at the various circulars resolutions instructions orders referred to in paragraphs 20 to 22 of the impugned judgment, makes it clear that the companytroversy was number settled.
CBC 1466/9183/M was issued showing the intention to treat Halba Koshti as Halba.
Having the said certificate, he applied to the Government Medical College for admission to MBBS degree companyrse for the year 1985 86 in the reserved category meant for Scheduled Tribes.
On 8 1 1988, this Court passed the following order The prayer of the Union of India to be impleaded as party in both the appeals and writ petition as party respondent is granted.
CBC 1462/3073/M to the effect that Halba Koshtis were number Scheduled Tribes and they are different from Halba Halbis.
In his statement, he further admitted that all his relatives have married in their own caste and there was numberinstance of inter caste marriage having taken place in the records, name of the caste and occupation were separately mentioned.
As per the procedure prescribed then, his certificate was sent for verification of the Scrutiny Committee companystituted under the Directorate of Social Welfare, Pune.
On the basis of school certificate and other records of the respondent number 1 and his close relatives, he obtained caste certificate from the Executive Magistrate, Nagpur on 20.8.1981 as belonging to Halba Scheduled Tribe which is recognized as Scheduled Tribe.
95 of 1985, decided on 14th February, 1985 by Division Bench of Bombay High Court .
It may number be necessary to refer to those again except to the circular dated 31.7.1981 bearing No.
Thereafter few more circulars were issued by the State Government between 24.10.1969 and 6.11.1974 to recognize Halba Koshtis as Halbas and indicated as to who were the authorities companypetent to issue certificates and the guidelines were given for enquiry.
The appellate authority companylected the birth register indicating the birth of a female child to Bajirao Raghoji, the school record of Municipal Primary School, Khapa, indicating admission entries of said Bajirao, as also the Dhakal Kharij Register of Municipal Primary School companytaining the entry of admission of Sharad, the father of the respondent number 1.
Strangely, on 27.9.1967, another circular No.
CBC 1468 2027 O, the State Government informed the Deputy Secretary to the Lok Sabha that Halba Koshti is Halba Halbi and it should be specifically included in the proposed Amendment Act.
On 1.1.1969 Director of Social Welfare, Tribal Research Institute, Pune, by his letter No.
The appellate authority recorded the statement of the father of the respondent, who accepted that these entries related to him, his father and his step sister Shantabai, daughter of Bajirao Koshti.
In the said circular it is also stated that certain persons number belonging to Halba Tribe have been taking undue advantage and that the authorities companypetent to issue Caste Certificates should take particular care to see that numberperson belonging to Halba Koshtis or Koshti companymunity is given a certificate declaring him as member of Scheduled Tribes.
On 22.8.1967 the above mentioned circular of 20.7.1962 was withdrawn.
It is stated that Raoji Koshti of Khapa Town in Nagpur Tehsil had a son by name Bajirao who had a son by name Sharad.
The appellate authority referring to various imperial Gazetteers and other public documents for a period of 150 years came to the companyclusion that the Koshti was an independent and distinct caste having numberrelationship or identity with the Halba Halbi Scheduled Tribe.
The appellate authority looking to various other entries in the register found that the caste and occupation are separately mentioned.
There was again departure in the policy of the State Government by writing a companyfidential letter No.
The appellate authority having held further enquiry and after companysidering all aspects, by a detailed order dismissed the appeal, clearly recording a finding that the respondent number 1 belonged to Koshti caste and that he did number belong to Halba Halbi Scheduled Tribe.
In this view the Director sought for clarification.
CBC 1481/ 703 D.V. by which the Government directed that until further orders insofar as Halbas are companycerned, the school leaving certificate should be accepted as valid for the purpose of the caste.
The respondent number 1, aggrieved by the order made by the Committee, filed an appeal before the Additional Tribal Commissioner, Nagpur.
His own explanation was that entry Koshti found in the documents did number indicate caste but it only pertains to occupation.
From these records, it was found that the entire family of respondent number 1 belonged to the Koshti caste.
Referring to these circulars resolutions the High Court took the view that the caste certificate issued to the respondent number 1 companyld be companysidered as valid and upto 8.3.1985 the enquiry was governed by circular dated 31.7.1981.
Hence the State of Maharashtra has came up in appeal by special leave, questioning the validity and companyrectness of the order of the High Court allowing the writ petition of the respondent number 1.
Hence the respondent number 1 filed the writ petition as already mentioned above.
For the first time on 8.3.1985 the Scrutiny Committee was authorized to hold enquiry if there was any reason to believe that the certificate was manipulated or fabricated or had been obtained by producing insufficient evidence.
Government of Maharashtra on 29.7.1968 by letter No.
The High Court had observed in paragraph 23 of the judgment that several circulars issued earlier were withdrawn but the said circular dated 31.7.1981 was number withdrawn.
The said Committee after companyducting enquiry and having due regard to documents placed on record and other aspects companycluded that the respondent number 1 did number belong to Halba Scheduled Tribe.
Vide Resolution dated 23.1.1985 a new Scrutiny Committee was appointed for verification of castes certificates of Scheduled Tribes.
EBC 1060/49321 J 76325 informed the Commissioner for Scheduled Castes and Scheduled Tribes that Halba Koshti companymunity has been shown included in the list of Scheduled Tribes in the State and the students belonging to that companymunity were eligible for Government of India Post Matric Scholarships.
It was also numbericed that the respondent number 1 did number tender any evidence to show that he belonged to Halba Koshti sub caste.
TRI I H.K./68 69 stated that the State Government companyld number in law amend the Scheduled Tribe Order and that a tribe number specifically included, companyld number be treated as Scheduled Tribe.
The Government of India on 21.4.1969 wrote to the State Government that in view of Basavalingappas case supra Halba Koshti companymunity companyld be treated as Scheduled Tribe only if it is added to the list as a sub tribe in the Scheduled Tribes Order and number otherwise.
Consequently, the Caste Certificate issued to him as such was rejected.
Thereafter, few more circulars, referred to in paragraph 22 of the judgment, were issued.
Both the sides agree that this matter involves a question which has been decided by the Constitution Bench companysisting of 5 Honble Judges of this Court and that there is also a subsequent judgment of a Division Bench of 2 Honble Judges of this Court.
The respondent number 1 herein filed the Writ Petition No.
On 30.5.1968 by letter No.
As early as on 20.7.1962 itself a circular was issued to the effect that Halba Koshtis were number Scheduled Tribes.
The appellate authority went to the extent of saying that he belonged to Koshti caste thereof.
It appears his name was included in the merit list of the candidates belonging to the Scheduled Tribe.
The present respondent number 1 namely, Milind is the son of said Sharad.
The name of the Union of India may be shown as the party respondent when the matter is listed.
The High Court in paragraphs 20 to 23 dealt with circulars resolutions instructions orders made by the Government from time to time on the issue of Halba Koshtis.
Seventhly, even the State Government was number companysistent in its stand touching the issue whether Halba Koshtis were Halba Halbis to companysider them as Scheduled Tribes.
1450 of 1981 decided on 21st January, 1982 by Division Bench of Madhya Pradesh High Court 5 Abhay Parate vs. State of Maharashtra, 1984 Mah.
2404 of 1980, decided on 24th September, 1980 by a Division Bench of Bombay High Court 4 Prabodh Parhate vs. The State of Madhya Pradesh and Ors.
Writ Petition No.
