JUDGMENT

H.K. Sema, J.—Civil Appeal No. 5270 of 2004

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 :

1. Whether the ‘Mana’ community in the State of Maharashtra is a Sub-Tribe of "Gond" and is a Scheduled Tribe or not?

2. Whether a two Judge Bench decision of this Court in Dina v. Narayan Singh 38 ELR 212 (for the sake of brevity ‘Dina I’) and the decision rendered by another two Judge Bench of this Court in Dadaji alias Dina v. Sukhdeobabu & Ors. (1980) 1 SCC 621 (for the sake of brevity ‘Dina II’) are over-ruled by a Constitution Bench of this Court in State of Maharashtra v. Milind Katware (2001) 1 SCC 4?

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

3. Clause 25 of the Article 366 of the Constitution of India defines "Scheduled Tribes" as under :

"Scheduled Tribes" means such tribes or tribal communities as parts of or groups within such tribes or tribal communities as are deemed under article 342 to be Scheduled Tribes for the purposes of this Constitution;"

4. Article 342 of