DR.DAYARAM S/O. BHAGWANJI NARNAWRE Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2017-6-60
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on June 14,2017

DR.DAYARAM S/O. BHAGWANJI NARNAWRE Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

- (1.) The challenge in this petition is to the Government Resolutions dated 24.04.1985 and 19.06.1985, holding that caste Mana shown in the Entry No. 18 of "Gond" in Constitution (Scheduled Tribe) Order in relation to the State of Maharashtra is subtribe of "Gond". The Sub Divisional Officer, Umred, passed an order on 03.07.2000 holding that the petitioner belonging to Mana tribe has failed to establish his affinity with "Gond".
(2.) The controversy involved in this petition no longer remains resintegra in view of the decision of the Apex Court in the case of State of Maharashtra and others v. Mana Adim Jamat Mandal, reported in 2006 (4) SCC 98. The Apex Court has held that earlier two judgments; one in the case of Dina v. Narayan Singh, reported in (1968) 38 ELR 212 and another in the case of Dadaji v. Sukhdeobabu, reported in (1980) 1 SCC 621 stand impliedly overruled by the decision of the Constitution Bench of the Apex Court in the case of State of Maharashtra v. Milind, reported in 2001 (1) SCC 4. The Government Resolutions under challenge reiterated the position in the aforesaid two judgments which are overruled.
(3.) The Apex Court has now held in State of Maharashtra v. Mana Adim Jamat Mandal that each of the tribes specified in Entry 18 must be deemed to be a separate tribe and not subtribe of "Gond". In view of this position, the order passed by the Sub Divisional Officer holding that the petitioner belonging to Mana tribe has failed to establish his affinity with "Gond" cannot be sustained. The Scrutiny Committee has to examine the case of the petitioner for Mana - Scheduled Tribe category, which is not a subtribe of "Gond".;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.