State of Maharashtra vs Milind & Others (2000)

Case Title: State of Maharashtra vs Milind and Others

Case Summary: State of Maharashtra vs Milind & Others (2000)

Citation: (2000) AIRSCW 4303; (2000) 7 SCALE 628; (2001) SCC(L&S) 117; (2001) MPLJ 1

Bench: Shivaraj V. Patil, S. Rajendra Babu, G. B. Pattanaik, Doraiswamy Raju, D.P. Mohapatra (Full Bench)

Court: Supreme Court of India

Date of Judgment: 28-11-2000

Law Points Raised

Whether a sub-tribe like 'Halba Koshti' can be included under the Scheduled Tribe 'Halba/Halbi' in the Constitution (Scheduled Tribes) Order, 1950.
Whether an enquiry can be conducted to determine inclusion of sub-groups not specifically listed in the Presidential Order.
Interpretation of constitutional provisions: Articles 15(4), 16(4), 162, and 342 regarding tribal classification and state powers.

[Judgment Source] https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=267473

Ratio Decidendi

Only communities expressly mentioned in the Presidential Order can be treated as Scheduled Tribes.
Halba Koshti is not part of Halba/Halbi under Entry 19, and no inquiry or evidence can alter this fact.
Judicial interpretation confirmed that State cannot unilaterally expand the list through administrative action.

Final Ruling

Supreme Court allowed the appeal and restored the cancellation of Milind’s caste certificate.
Held that 'Halba Koshti' is not eligible for Scheduled Tribe reservation under Entry 19.
High Court judgment permitting the inclusion of sub-group was set aside.

Relevant Paragraph Numbers

1–2 – Legal questions framed.
5–6 – Case facts and caste certificate background.
7–8 – High Court findings and arguments.
11–12 – Articles 341 and 342 interpretation.
17 – Final holding of the Court.

📌 CASE SUMMARY

This judgment clarified the constitutional boundaries in determining Scheduled Tribe status. It ruled that no authority other than Parliament can modify the Presidential Order under Article 342. The caste 'Halba-Koshti' was not accepted as a sub-tribe under 'Halba/Halbi' Scheduled Tribe. The Court overturned the High Court’s decision, emphasizing that the judiciary or executive cannot expand or interpret Scheduled Tribe entries beyond what is notified.