STATE OF ORISSA Vs. DASARATHI MEHER
LAWS(SC)-2018-9-115
SUPREME COURT OF INDIA
Decided on September 27,2018

STATE OF ORISSA Appellant
VERSUS
Dasarathi Meher Respondents

JUDGEMENT

Deepak Gupta, J. - (1.) Leave granted in SLP (C) No. 13172 of 2015, SLP (C) No. 13169 of 2015 and SLP (C) No. 13171 of 2015.
(2.) Whether the tribe mentioned as "Kulis" in the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 in Schedule II in Part XII at Item No. 42 includes persons belonging to the "Kuli" community, is the issue which needs to be decided in the present group of cases.
(3.) Article 342 of the Constitution of India reads as follows: "342. Scheduled Tribes.- (1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory, as the case may be. (2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.";


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