BHAGYASHREE D/O VINOD KELKAR Vs. STATE OF MAHARASHTRA THROUGH ITS SECRETARY TRIBAL DEVELOPMENT DEPARTMENT MANTRALAYA, MUMBAI

JUDGEMENT

(1.) By this petition, the petitioner has challenged the decision of respondent no.2Committee for Scrutiny and Verification of Tribe Claims, Amravati, rendered on 20.7.2002, by which the caste certificate of the petitioner as belonging to 'Raj' Scheduled Tribe, issued by the SubDivisional Officer, Murtizapur on 1.7.1998 has been invalidated.

(2.) The petitioner was a student, at the relevant point of time.

(3.) It is pertinent to note that the controversy involved in this petition is no more res integra, in view of the decision of the Hon'ble Apex Court, in the case of State of Maharashtra and others vs. Mana Adim Jamat Mandal, 2006 4 SCC 98. The Hon'ble Apex Court has held that the judgments one in the case of Dina vs. Narayansingh,1968 38 ELR 212 and, another, in the case of Dadaji @ Dina vs. Sukhdeo Babu, 1980 1 SCC 621 stand impliedly overruled by the decision of Constitution Bench of the Hon'ble Apex Court, in the case of State of Maharashtra vs. Milind, 2001 1 SCC 4. The Hon'ble Apex Court in State of Maharashtra vs. Mana Adim Jamat Mandal held that each of the tribes specified in Entry No.18 must be deemed to be a separate tribe and not subtribe of 'Gond'.