STATE OF MAHARASHTRA Vs. MANA ADIM JAMAT MANDAL

JUDGEMENT

(1.) WHAT appears to be a perpetual controversy with regard to Scheduled Tribe status has again engaged the attention of this Court for a considerable time. Two questions are raised before us:

(2.) THE questions raised before us being the questions of law, it is not necessary for us to recite the entire facts.

(3.) THE President by public notification issued the Constitution (Scheduled Tribes) Order, 1950, in exercise of the powe; s conferred by clause (1) of Article 342 of the Constitution. By clause 2 of that Order it was provided that the tribes or tribal communities, or parts of it, or groups, within tribes or tribal communities, specified in Parts I to XII of the Schedule to the Order shall, in relation to the States to which those parts respectively relate, be deemed to be Scheduled Tribes so far as regards members thereof resident in the localities specified in relation to them respectively in those Parts of that Schedule. THE Order is followed by a Schedule constituting of twelve Parts. Part VII-A of the Schedule as amended by Act II of 1960 relates to Maharashtra. By item 5 it is specified that in (1) Melghattehsil of Amravati District (2) Godchiroli and Sironcha tehsils of the Chanda district (3) Kalapur, Wani and Yeotmal tehsils of the Yeotmal district 32 tribes or tribal communities shall be deemed Scheduled Tribes. Entry 12 as originally set out in the Order promulgated by the President of India reads: "Gond" including Media, ("Maria" and Mudia (Murai)"). By the Scheduled Castes and Scheduled Tribes (Amendment) Act, 63 of 1956, Entry 12 was substituted by: