The State of Maharashtra & Anr. vs Keshao Vishwanath Sonone & Anr.

4 of the Act, 1956, Constitution (Scheduled Tribes) Order, 1950 was amended in the manner and to the extent as specified in Schedule III. In Schedule III, Entry No.9 was substituted by following Entry:- “9. Gond or Rajgond.” Part IV which deals with Madhya Pradesh, Entry 12 was substituted. [Paras 26-30][621D, G; 622-B, E-H]

1.2 Amendment to the Scheduled Tribes with respect to Madhya Pradesh was consequent to recommendations by the report of the Backward Classes Commission also known as Kalelkar Commission. With regard to Madhya Pradesh with regard to list of Scheduled Tribes published in Constitution (Scheduled Tribes) Order, 1950 together with the revision suggested by the Backward Classes Commission is included in volume II of the Report. Entry No.12 in the List of the Scheduled Tribes was with respect to Gond [including Madia (Maria) and Mudia (Muria)]. Backward Classes Commission suggested addition of several sub-tribes of Gond with Gond. Column No.VI of the Table contains heading “Commission’s recommendation for inclusion”. The States Reorganisation Act, 1956 was enacted by Parliament to provide for the reorganisation of the States of India and for matters connected therewith. Section 8 provided for formation of a new Bombay State. By virtue of Section 8(1)(c) certain districts, which then existed in the State of Madhya Pradesh were included in the new Bombay State. The said districts were earlier part of the State of Madhya Pradesh. Section 41 of the States Reorganisation Act provide for modification of the Scheduled Castes and Scheduled Tribes Orders with regard to territorial changes and formation of new States under the provisions of Part II. In exercise of power under Section 41 of the States Reorganisation Act, Scheduled Castes and Scheduled Tribes Lists modification under Order 1950 was issued dated 29.10.1956. Part IV of the Schedule dealt with Bombay. Schedule III contains the modification to the Constitution (Scheduled Tribes) Order, 1950. Thus, after recommendation of Backward Classes Commission for the State of Madhya Pradesh by virtue of Act, 1956, with the tribe “Gond” “Gond Govari” was added as the Scheduled Tribes by modification order dated 29.10.1956. With respect to State of Bombay in specific areas, with regard to entry of Gond as Scheduled Tribe, several sub-tribes including “Gond Govari” was added. [Paras 31-34][624-D-F; 626-B-C, DF; 628-A-B]

1.3 The Parliament enacted the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 (Act No.108 of 1976) to provide for the inclusion in, and the exclusion from the list of Scheduled Castes and Scheduled Tribes, of certain castes and tribes, for the re-adjustment of representation of parliamentary and assembly constituencies in so far as such readjustment is necessitated by such inclusion or exclusion and for matters connected therewith. The Statements of Objects and Reasons of the Bill is relevant. The second Schedule of the Act, 1976 provides for substitution in Constitution (Scheduled Tribes) Order, 1950 as indicated therein. With regard to State of Maharashtra, which was formed, Part IX of the Second Schedule, Entry No.18 deals with Scheduled Tribe “Gond”. Subsequently, the Parliament passed the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002. The only amendment which was made with respect to Schedule pertaining to Maharashtra in Entry

18 was to the following effect:- “(i) in Part IX – Maharashtra- (i) omit entry 12; (ii) in entry 18 for “Gond Rajgond” substitute “Gond, Rajgond”; (iii) omit entry 45;”

The above amendment in the Scheduled Castes order indicate the care which was taken by the legislature in describing the Scheduled Tribes entries. By the above amendment in earlier Entry No.18 of “Gond Rajgond”, substitution was made by which now it is read as “Gond, Rajgond”. [Paras 35-39][628-B-D; 629B-C, E, H; 630-B-C]

1.4 Following questions arise for consideration:H 1) Whether the High Court in the writ petition giving rise to these appeals could have entertained the claim of the caste “Gowari”, which is not included as Scheduled Tribe in the Constitution (Scheduled Tribes) Order, 1950, that it be declared a Scheduled Tribe as “Gond Govari” which is included at Item No.18 of Constitution (Scheduled Tribes) Order, 1950 applicable in the State of Maharashtra and further to take evidence to adjudicate such claim?

2) Whether the ratio of the judgment of the Constitution Bench of this Court in B. Basavalingappa Vs. D. Munichinnappa, AIR 1965 SC 1269 permits the High Court to take evidence to find out whether ‘Gowari’ are ‘Gond Gowari’ and is there any conflict in ratio of judgment of Constitution Bench in B. Basavalingappa and subsequent Constitution Bench judgment of this Court in State of Maharashtra Vs. Milind, (2001) 1 SCC 4?

3) Whether the High Court could have entered into the adjudication of the issue that ‘Gond Gowari’ which is a Scheduled Tribe mentioned in Scheduled Tribes Order, 1950, as amended up to date is no more in existence and was extinct before 1911? 4) Whether the conclusion of the High Court in the impugned judgment that ‘Gond Gowari’ Tribe was extinct before 1911 is supported on the materials which were on record before the High Court?

5) Whether caste ‘Gowari’ is same as ‘Gond Gowari’ included at Item No.28, Entry 18 of the Constitution (Scheduled Tribes) Order, 1950 and the High Court could have granted declaration to caste ‘Gowari’ as ‘Gond Gowari’ entitled for Scheduled Tribe certificate?

6) Whether the High Court is correct in its view that ‘Gond Gowari’ shown as Item No.28 in Entry 18 of the Constitution (Scheduled Tribes) Order, 1950 is not a sub-tribe of Gond, hence, its validity cannot be tested on the basis of affinity test specified in Government Resolution dated 24.04.1985?[Para 40][630-CH; 631-A-C]

1.5 QUESTION NOS. 1 AND 2

The Constitution of India contains ample provisions for fulfilment of the Constitutional aspirations of social justice to the Scheduled Castes and Scheduled Tribes and to socially and educationally backward classes of citizens. Articles 341 and 342 and Part XIV of the Constitution contains several provisions as special provisions relating to certain classes. Article 342 of the Constitution envisages public notification specifying the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall be for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to a State after consultation with Governor thereof. Sub-clause (2) contains another important provision which provides that any inclusion or exclusion from the list of Scheduled Tribes specified in a notification issued under clause (1) of Article 342 can be done only by Parliament by law. Sub-clause (2) of Article 342, thus, contains a provision conferring authority only to the Parliament to include and exclude a Scheduled Tribe in the list as specified in the sub-clause (1) of Article 342. [Para 41][631-C-F]

1.6 The High Court could not have entertained the claim or looked into the evidences to find out and decide that tribe “Gowari” is part of Scheduled Tribe “Gond Gowari”, which is included in the Constitution (Scheduled Tribes) Order, 1950. There is no conflict in the ratio of Constitution Bench judgments of this Court in B. Basavalingappa’s case and State of Maharashtra Vs. Milind and Ors. The ratio of B. Basavalingappa’s case as noted in paragraph 6 of the judgment is reiterated by subsequent two Constitution Bench judgments in Bhaiya Lal’s case and Milind’s case. There being no conflict in the ratio of the above Three Constitution Bench judgments, there is no substance in submission that for resolving the conflict, the matter need to be referred to a larger Constitution Bench. Thus, question Nos.1 and 2 are answered accordingly in following words:-

(i) The High Court in the writ petition giving rise to these appeals could not have entertained the claim of a caste “Gowari” that it be declared a Scheduled Tribe as “Gond Gowari” included at Entry No.18 of the Constitution (Scheduled Tribes) Order, 1950 nor High Court could have taken evidence to adjudicate the above claim.

(ii) There is no conflict in the ratio of the judgment of Constitution Bench of this Court in Basavalingappa’s case and Milind’s case. [Para 61][645-G-H; 646-A-D]

2.1 QUESTION NOS. 3 AND 4

The Scheduled Tribe “Gond Gowari” as existing in Item No.28 of Entry 18 of Constitution (Scheduled Tribes) Order, 1950 applicable to State of Maharashtra is continuing in the List of Scheduled Tribes of Bombay State (now State of Maharashtra) since 29.10.1956. To a large number of members of the “Gond Gowari” caste Scheduled Tribe certificates have been issued by the competent authority in the State of Maharashtra from time to time. In Writ Petition No. 4779 of 2008 (Adivasi Gond Govari (Gowari) Sewa Mandal through its President vs. State of Maharashtra and others)(one out of the four writ petitions before the High Court) the writ petitioner has prayed for quashing and setting aside the caste validity certificates issued in the name of respondent Nos. 4 to 19 as “Gond Gowari”, Scheduled Tribe. The fact that before the High Court there was a writ petition where caste certificates granted to 16 respondents of “Gond Gowari” were sought to be quashed clearly proved the existence of community “Gond Gowari”. Although there have been recommendations by the State of Maharashtra earlier in the year 1967 and thereafter in the year 1979 to include the “Gowari” as Scheduled Tribe, the said recommendations were never accepted by the Parliament since in spite of passing of several Amendment Acts by the Parliament to the Constitution (Scheduled Tribes) Order, 1950 Entry of “Gond Gowari” in the Scheduled Tribe was never deleted. A private bill to delete Entry of “Gond Gowari” and substitute it by Gowari was not passed by the Parliament and turned down. The High Court has also referred to and relied on the book “Tribes and Castes of the Central Provinces of India by R.V. Russell and Rai Bahadur Hira Lal wherein castes “Gond Gowari” and “Gowari” were separately dealt with as distinct castes. It is also on the record that the State of Maharashtra even though it had recommended vide letters dated 26.03.1979 and 12.06.1979 to include Gowari in the list of Scheduled Tribes but on 06.11.1981 State of Maharashtra wrote to Ministry of Home Affairs, New Delhi dealing with the subject of the Scheduled Tribes in paragraph 3(iii). The State Government recommended Gowari not to be included as they having not fulfilled criteria of Scheduled Tribe. It is to be noted that in letter dated 26.03.1979 of the Government of Maharashtra to the Union of India although recommendation was made to include Gowari in Scheduled Tribe but there was no recommendation to delete “Gond Gowari” from the list of Scheduled Tribes. Thus, the recommendation to include Gowari as a separate Scheduled Tribe was forwarded by the State of Maharashtra in the year 1979 which was withdrawn in 1981 and after 1981 the State’s stand has been that “Gond Gowari” and “Gowari” are two separate castes and Gowari is not entitled for the benefit of Scheduled Tribe certificate. The Government of State of Maharashtra, Tribal Development Department has issued G.R. dated 24.04.1985 where the State Government has referred to “Gond Gowari” as small sub-Tribe of Gond and nonScheduled Tribe caste was referred as Gowari. Along with the Government Resolution dated 24.04.1985 a comparative Chart was annexed of Scheduled Tribe and non-Scheduled Tribe community which was claiming benefit. The materials which were on the record before the High Court as well as continuance of “Gond Gowari” as Scheduled Tribe in the Constitution (Scheduled Tribes) Order, 1950 for the last more than 60 years, it was not open for the High Court to proceed into the inquiry as to whether Scheduled Tribe “Gond Gowari” is not in existence. [Paras 6265][647-A-D, F-G; 648-B-D; 649-E-F]

2.2 The High Court itself has in its judgment noticed and found the mention of “Gond Gowari” in Census of 1891 and 1901. The substantial figures of “Gond Gowari” in the above two Censuses in Nagpur Division were noticed. The High Court itself having noticed that the basis of Census in 1911 was changed, classification was made on the basis of traditional occupation in which group IV was of Forest and Hill Tribes and Group V was of Graziers and Dairymen, the figures of 1911, 1921 and 1931 have been noticed where in Group V Graziers and Dairymen, there was mention of Gowari. Mere fact that in Censuses of 1911, 1921 and 1931 figures were given only of Group V, i.e., Graziers and Dairymen and there was no mention of “Gond Gowari” cannot lead to conclusion that “Gond Gowari” have become extinct before 1911. A Scheduled Tribe which admittedly was in existence and had a distinct identity shall not be treated to have become extinct merely because the basis of Census has been changed in the subsequent years. The benefit given to a Scheduled Tribe cannot be taken away on the basis of figures given in Census operation only. There have been amendments in Constitution (Scheduled Tribes) Order, 1950 from time to time. Several Tribes were deleted from the list by the Act of Parliament and several new Tribes were included. There had been recommendations by the Joint Committee of Parliament for exclusion of the Tribes which were excluded if there was no return in respect of those communities in Censuses of 1961 and 1971. Statement of Objects and Reasons of The Scheduled Castes and Scheduled Tribes Orders (Amendment) Bill, 1976 clearly indicates that those Scheduled Tribes and Schedules Castes were excluded if only there was no return in respect of Census of 1961 and 1971. Thus, the whole basis of judgment of the High Court that Tribe “Gond Gowari” was extinct prior to 1911 Census and in subsequent Censuses 1911, 1921 and 1931 they were not shown in Group V is completely flawed. The inclusion of sub-Tribe as “Gond Gowari” in the Constitution (Scheduled Tribes) Order, 1950 was on 29.10.1956 when sub-Tribe “Gond Gowari” was included in the Scheduled Tribe list it has to be presumed that the said inclusion was after consultation with the State and after considering the relevant materials. The High Court could not have questioned the inclusion of the Scheduled Tribe “Gond Gowari” in the Constitution (Scheduled Tribes) Order, 1950 on the basis of reasoning as adopted by the High Court. The High Court has referred to and relied on the book “Tribes and Castes of the Central Provinces of India” by R.V. Russell and Rai Bahadur Hira Lal in which book in Volume III community Gond, “Gond Gowari” and Gowari were all separately dealt with. “Gond Gowari” has been treated as a distinct caste and in the Census they have been amalgamated with Gowari. The account given by Russell does not lead to any conclusion that “Gond Gowari” were extinct before 1911. [Paras 70, 71 and 74][651-E-H; 652-A-B, D-G; 654-C]

2.3 It was after the report of Backward Classes Commission (1955), where recommendation was made to include Gowari as sub-tribe of Gond for the State of Madhya Pradesh, consequently by Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1956 in State of Madhya Pradesh “Gond Gowari” was added in Entry 12 and after re-organisation of the State, in Districts which came into State of Bombay, “Gond Gowari” was added by Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956 dated 29.10.1956 “Gond Gowari” was added. There have been conscious addition by Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1956 and Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956 as “Gond Gowari” it cannot be accepted that the Parliament included Tribe which had become extinct before 1911. The High Court in paragraph 68 of the judgment has itself referred to Report of Research Officers dated 12.05.2006. On the basis of the decision taken in respect Gowari community under the Chairmanship of Hon’ble Chief Minister on 29.05.2005 Tribal Development Department was entrusted to ascertain the facts. The Research Officers on 12.05.2006 personally visited the areas in which maximum population of Gowari caste and “Gond Gowari” caste were found in different villages of District Gadchiroli. The High Court itself has noticed that the Research Officers conducted research and has also found Entry of “Gond Gowari” made on 01.07.1955. Thus, the Research Officers before 29.10.1956 found “Gond Gowari” hence the above evidence which was relied by the High Court itself proved that “Gond Gowari” Tribe was in existence and found personally by the Research Officers. The conclusion of the High Court that Research Officers did not find any Entry as “Gond Gowari” is factually incorrect and contrary to what was found in paragraph 68. [Paras 75-78][654-C-H; 655-EF; 656-A]

2.4 This Court has already noted the Government Resolution dated 24.4.1985 issued by the Tribal Development Department of the State, the difference between “Gond” and “Gond Gowari”, the difference in the character and customs of Scheduled Tribe community of “Gond Gowari” and community of Gowari as extracted above. The Government Resolution was issued after study by the State Government, the High Court although has noticed above Resolution in paragraph 70 of the judgment but has given no reason as to why differentiation in two Tribes is to be discarded. There is one more reason due to which the conclusion of the High Court that Scheduled Tribe “Gond Gowari” was extinct before 1911 has to be flawed. The reason is that in Writ Petition No.4779 of 2008 filed by Advasis “Gond Gowari” a prayer was made to quash the Scheduled Tribe certificates to “Gond Gowari” granted to respondent Nos. 4 to

19. The High Court by passing order has called for certificates of “Gond Gowari”. The High Court further in paragraph 83 after perusing the records of the Committee found 39 claimants produced the documents which are in the nature of entries in PI revenue record pertaining to the period 1922-1923. When before the High Court Scheduled Tribe certificates of “Gond Gowari” were filed in large number and there were documents to support by the revenue entries some of which are prior to 1950 and which certificates were sought to be quashed in the writ petition, the existence of Scheduled Tribe “Gond Gowari” was very much found. The Caste Scrutiny Committee having validated the said certificates it was not open for the High Court to say that Scheduled Tribe “Gond Gowari” became extinct prior to 1911. The host of the evidence which was before the High Court including the Research Officers’ Report dated 12.05.2006 and Scheduled Tribe certificates of the candidates who were “Gond Gowari” it was not open for the High Court to come to the conclusion that Scheduled Tribe “Gond Gowari” was extinct prior to 1911. The High Court summoned all the certificates and there was no finding that certificates were fake or persons who were given certificates are non-existent. The High Court erred in coming to the conclusion that “Gond Gowari” Tribe was extinct prior to 1911. Even on the basis of materials which were brought before the High Court no conclusion could have been drawn that “Gond Gowari” Tribe was extinct prior to 1911. [Paras 79-81][656B-D, H; 657-A-D]

2.5 Thus, Question Nos.3 and 4 are answered in the following manner:

ANSWER NO.3

The High Court could not have entered into the issue that “Gond Gowari” which was Scheduled Tribe mentioned in Constitution (Scheduled Tribes) Order, 1950 as amended upto 1976 is no more in existence and became extinct before 1911.

ANSWER NO.4

The conclusion of the High Court in the impugned judgment that “Gond Gowari” Tribe had been extinct before 1911 is not supported by the materials which were on record before the High Court. [Para 82][657-E-G]

3.1 QUESTION NO.5 & 6

The caste ‘Gowari’ and ‘Gond Gowari’ are two distinct and separate castes. Russel and Hiralal have separately dealt with ‘Gowari’ and ‘Gond Gowari’ and have categorically stated that ‘Gond Gowari’ have been treated as distinct castes from ‘Gowari’. The ‘Gowari’ which is another backward community have not been included in the list of Scheduled Tribes in the book published by Anthropological Survey of India, People of India, National Series Volume III on “The Scheduled Tribes’. [Paras 83][657-H; 658A-B]

3.2 This Court has further noticed the Census of 1891 and 1901 which have been referred by the High Court. The population of ‘Gowari’ has been shown separately from the population of ‘Gond Gowari’. The ratio of the Constitution Bench judgment of this Court in Basavalingappa and Bhaiya lal as well as Milindhas also been noticed. The High Court could not have undertaken the enquiry to declare the caste which is not included in the Scheduled Tribes Order, 1950 as a Scheduled Tribe. The High Court could not have granted a declaration that the caste ‘Gowari’ is ‘Gond Gowari’ which is referred to in Item 28 of Entry 18 of Constitutional Scheduled Tribes Order, 1950 amended as on date. The High Court’s view that ‘Gond Gowari’ is not a sub-tribe of ‘Gond’, hence, its validity cannot be tested on the basis of the affinity test specified in the Government Order dated 24.04.1985 is also not correct. The report of the first Backward Commission (1955) by which recommendation was made to add ‘Gowari’ as a sub-tribe of ‘Gond’ was on the basis of study and research by the Backward Commission which cannot be brushed aside. This Court has also noticed the authoritative books on Tribes in Central India that ‘Gond Gowari’ is a sub-tribe of ‘Gond’. In the Government Resolution dated 29.04.1985 comparative chart was annexed where general information regarding Scheduled Tribes and non-Scheduled Tribes i.e. ‘Gond Gowari’ and ‘Gowari’ have been given. The Government Resolution also mentioned that ‘Gond Gowari’ is also a small sub-tribe of ‘Gond’ tribe. [Paras 86-88][859-B-F]

3.3 With the ‘Gowari’ word ‘Gond’ is prefixed. The expression ‘Gond Gowari’ clearly expresses that the community ‘Gond Gowari’ has to do with tribe ‘Gond’. ‘Gond Gowari’ is a community which has affinity with ‘Gond’ and is sub-tribe of ‘Gond’. The entry of ‘Gond Gowari’ in Scheduled Tribes Order 1950 was as a sub-tribe of ‘Gond’ which is clear from a report of the Backward Classes Commission, 1955. When the inclusion of the entry ‘Gond Gowari’ was as (sub-tribe of Gond), its affinity with ‘Gond’ cannot be ignored on any basis. This Court entertains its own doubts about the correctness of the ratio of judgment in the State of Maharashtra versus Mana Adim Jamat Mandal with regard to a group entry. As per Article 342(1), tribes or tribal communities or parts or groups within tribes or tribal communities shall for the purposes of the Constitution be deemed to be Scheduled Tribes. There has to be some purposes for joining number of tribes together in one entry, but in case with regard to ‘Gond Gowari’ the affinity is more than apparent with ‘Gond’ and the judgment of this Court in State of Maharashtra versus Mana Adim Jamat Mandal (Supra) cannot be read as an authority to hold that ‘Gond Gowari’ is not a sub-tribe of ‘Gond’ and no affinity is required to be established with Gond by the tribe ‘Gond Gowari’. There is no infirmity in Government Resolution dated 24.04.2984 insofar as Scheduled Tribe ‘Gond Gowari’ is concerned. [Paras 92, 94][661-B-D, F-H; 662-A]

3.4 ANSWER NO.5

The caste ‘Gowari’ is not the same as ‘Gond Gowari’. The High Court could not have granted declaration of caste ‘Gowari’ as ‘Gond Gowari’.

ANSWER NO.6

The High Court is not correct in its view that ‘Gond Gowari’ shown as item No.28 in Entry 18 of Scheduled Tribes Order, 1950, is not a sub-tribe of ‘Gond’. The validity of caste certificate to ‘Gond Gowari’ has to be tested on the basis of affinity test as specified in the Government Resolution dated 24.04.1985. In view of the foregoing discussion, none of the reasons given by the High Court in paragraph 74 of the judgment are sustainable to hold that ‘Gowari’ are entitled to Scheduled Tribes Certificate of ‘Gond Gowari’. The entire basis of the judgment of the High Court that tribe ‘Gond Gowari’ was completely extinct before 1911 having been found to be flawed, the entire basis of judgment is knocked out. [Paras 95, 96][662-B-E]

3.5 When the State has expressly after 1979 written to the Government of India on 06.11.1981 that ‘Gowari’ community does not fulfill the criteria of Scheduled Tribe and thereafter after 1984, several studies were conducted by Tribal department in State of Maharashtra including report dated 12.05.2006 which reaffirms that ‘Gond Gowari’ and ‘Gowari’ are distinct community and ‘Gowari’ is not Scheduled Tribe, there was no error in taking stand before the High Court in the writ petition that ‘Gowari’ are not entitled for Scheduled Tribe Certificate. [Para 98][663-A-B]

4. In the ends of justice it is directed that the admission taken and employment secured by the members of ‘Gowari’ community on the basis of Scheduled Tribe certificate granted to them between 14.08.2018 till date shall not be affected by this judgment and they shall be allowed to retain the benefit of Scheduled Tribe obtained by them. However, the above Scheduled Tribe candidates shall not be entitled to any further benefit as Scheduled Tribe except their initial admission in different courses or employment at different places on the strength of Scheduled Tribe certificate given to the ‘Gowari’ Community obtained between 14.08.2018 and this day. The High Court erred in declaring ‘Gowari’ as ‘Gond Gowari’ a Scheduled Tribes referred to in item 28 in Entry 18.The impugned judgment of the High Court dated 14.08.2018 is set aside and the writ petitions dismissed. [Paras 101-103][664-B-D]

State of Maharashtra v. Milind and Ors. (2001) 1 SCC

4 : [2000] 5 Suppl. SCR 65; B. Basavalingappa v. D. Munichinnappa and Ors. AIR 1965 SC 1269 : [1965] SCR 316; Bhaiya Lal v. Harikishan Singh and Ors. AIR 1965 SC 1557 : [1965] SCR 877 – followed. Srish Kumar Choudhury v. State of Tripura and Ors. (1990) Suppl. SCC 220 : [1990] SCR 576; Palghat Jilla Thandan Smudhaya Samrakshna Samithi and Anr. v. State of Keralaand Anr. (1994) 1 SCC 359 : [1993]

3 Suppl. SCR 872; Kumari Madhuri Patil and Anr. v. Addl. Commissioner, Tribal Development and Ors. (1994) 6 SCC 241 : [1994] 3 Suppl. SCR 50; Nityanand Sharma and Anr. v. State of Bihar and Ors. (1996) 3 SCC 576 : [1996] 2 SCR 1 – relied on.

State of Maharashtra v. Mana Adim Jamat Mandal (2006) 4 SCC 98 : [2006] 2 SCR 1142 – held not applicable.

Adivasi Gowari Samaj Sanghatan, Maharashtra and Anr. v. Union of India and Ors.Decision dtd. 04.04.1996 of High Court of Bombay at Nagpr in Writ Petition No.1691 of 1990 – referred to.

Tribes and Castes of the Central Provinces of India by R. V. Russell and Rai Bahadur Hira Lal in which book in Volume III – referred to.