RAJESH ARJUNBHAI PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India impugns parts of G. R. No. CBC-1083-103591 (1) K-11 dated March 13, 1985 (Ex. S) and certificate dated 25-6-1987 (Ex. R) based on the said Government Resolution.

(2.) PETITIONERS father Arjunbhai and mother Meenabehn hail from Village Virpore, Taluka Nanded, District Broach, Gujarat State. Arjunbhai is from the Bhil tribe which tribe is to be found in a number of States of India including Gujarat and Maharashtra. The founding fathers being aware of the disabilities from which certain sections of the people suffered, took care to incorporate in the Constitution provisions designed to provide compensatory discrimination in favour of these sections. The disabled include Scheduled tribes. Groups to be recognised as such tribes have to figure in a notification which the President issued in consultation with the Governor where the specification is in relation to a State. Parliament can by law amend this notification whether by inclusion or exclusion of any group. Bar this method the Presidential notification could not be otherwise varied-not even by such a subsequent notification. Groups recognised as Scheduled tribes (Vide Article 342) get concessions in the matter of public employment and social and economic advancement. This is constitutionally protected vide Articles 15 and 16.

(3.) THE President in exercise of his powers under Article 342 (1) has issued the Constitution (Schedule Tribes) Order, 1950 hereinafter referred to as the Order. This being a pre-reorganisation of States enactment, the State figuring there was Bombay. The Bhil tribe is listed in the Order as a Scheduled tribe. The territories in and around the State of Bombay went through two re-organisations. First came what is popularly known as the bilingual State of Bombay and after came the carving out of separate States of Gujarat and Maharashtra. There was no change in the position of Bhils vis-a-vis the State of bilingual Bombay though Parliament did enact Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1956 (1956 Act ). The State was dismembered in 1960 and succeeded by Gujarat and Maharashtra. In 1961 and 1971 there took place the ten-yearly censuses. A bill of 1967 dealing with proposed amendments to the Order had been referred to a Joint Committee. Having regard to the census returns and the recommendations of the Joint Committee, the Parliament amended the Order vide Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 (1976 Act ). The Bhil tribe found place as a Scheduled Tribe in the lists of Gujarat and Maharashtra both.