ORDER :

1. This appeal challenges the judgment and order dated 06.04.2016 passed by the High Court of Bombay, Nagpur Bench, Nagpur in Writ Petition No.2153 of 2016.

2. The basic issue that arose in the instant proceedings was whether the appellant was right in his submission that he belonged to Scheduled Tribe, named, “Halba”.

3. After going through the record, the Caste Scrutiny Committee negated the submission and gave a positive finding that the claim so propounded by the appellant was completely unsustainable and that he did not belong to the Schedule Tribe, named, “Halba”.

4. It must be stated that a Constitution Bench of this Court in State of Maharashtra v. Milind & Others, (2001) 1 SCC 4, was called upon to decide whether “Halba-Koshtis” from the State of Maharashtra could be treated as “Halba/Halbi”.

5. The Constitution Bench concluded:

“36. In the light of what is stated above, the following positions emerge:

1. It is not at all permissible to hold any inquiry or let in any evidence to decide or declare that any tribe or tribal community or part of or group within any tribe or tribal community is included in the general name even though it is not specifically mentioned in the en