RBE No. 149/2018: Halba Koshti/ Halbi Koshti/ Koshti – Schedule Tribes – All India Adiwasi Employees Federation
No.2018-E(SCT)I/25/12, dated 24.09.2018
Sub: Honorable Supreme Court judgment dated 15.09.2017 in the SLP(C) No.9574 of 2013 filed by All India Adivasi Employees Federation against judgment dated 20.12.2012 of Hon’ble High Court of Bombay, Nagpur Bench – Appointment of candidates belonging to Halba Koshti/ Halbi Koshti/ Koshti, etc. caste against vacancies reserved for the Scheduled Tribes – regarding.
A copy of Ministry of Personnel, Public Grievances and Pensions’ (Department of Personnel & Training) OM No.36012/12/2013-Estt.(Res), dated 30.08.2018 on the above subject is enclosed herewith for information/ compliance and bringing to the notice of all concerned.
Ministry of Personnel,
Public Grievances and Pensions’
(Department of Personnel & Training)
OM No.36012/12/2013-Estt.(Res), dated 30.08.2018
OFFICE MEMORANDUM
Sub: Honorable Supreme Court judgment dated 15.09.2017 in the SLP(C) No.9574 of 2013 filed by All India Adivasi Employees Federation against judgment dated 20.12.2012 of Hon’ble High Court of Bombay, Nagpur Bench – Appointment of candidates belonging to Halba Koshti/ Halbi Koshti/ Koshti, etc. caste against vacancies reserved for the Scheduled Tribes – regarding.
1. The undersigned is directed to refer to this Department’s Office Memorandum No.36011/2/2010-Estt(Res), dated 10.08.2010 where in it was, inter-alia, stated that the persons belonging to the ‘ Halba Koshti/ Koshti ’ caste who got appointment against vacancies reserved for the Scheduled Tribes on the basis of Scheduled Tribe certificate issued to them by the competent Authority, under the Constitution (Schedule Tribe) Order, 1950 (as amended from time to time) relating to the State of Maharashtra and whose appointments had become final on or before 28.11.2017, shall not be affected. However, they shall not get any benefit of reservation after 28.11.2000.
2. The aforesaid, OM dated 10.08.2010 was challenged in the Writ Petition No.5287/2011 along with Writ Petition No.4283/2010 filed by All India Adivasi Employees Federation in Hon’ble High Court of judicature at Bombay, Nagpur Bench, wherein it was, inter-alia, prayed that the OM dated 10.08.2010 be quashed and set aside by holding it to be illegal. The Hon’ble High Court rejected the aforesaid petition vide order dated 20.12.2012 observing that the impugned OM squarely makes the law laid down by the Apex Court applicable to all such appointments of the Halba/ Koshti, which have become final on or before 28th November, 2000. The Hon’ble Court also held that rather than finding the side office memorandum to be unconstitutional or illegal, it is in consonance with law laid down in the judgment of the Apex Court. Against this order of the Hon’ble High Court of Bombay, the all India Adivasi Employees Federation filed an SLP(C) No.9574 of 2013.
3. The Hon’ble Supreme Court in SLP(C) No.9574 of 2013 has issued the following judgment on 15.09.2017:-
“The controversy in this matter is covered by the decision rendered in Chairman and Managing Director FCI and Others vs. Jagdish Balram Bahira and Others (2017) 7 SCALE 395. Accordingly, the judgment passed by the High Court is set aside and the Writ Petition is allowed. Resultantly, the Appeal stands allowed. There shall be no order as to cost.”
4. In view of the aforesaid Hon’ble Supreme Court judgment dated 15.09.2017, this Department’s Office Memorandum No.36011/2/2010-Estt(Res), dated 10.08.2010 is withdrawn.
5. This may please be brought to the notice of all concerned for information and compliance.
Download Railway Board Circular RBE No. 149/2018
Forward reference⇒RBE No.