A Bhil tribal who converts to Christianity does not cease to be a member of the Bhil tribe.

JUDGMENT - Chandurkar M.N.C. J.-In all these three petitions the question involved is whether the petitioner, who is the same person in all the petitions, had on conversion to Christianity, ceased to belong to Bhil tribe in the district of Ahmednagar.

2. The question arose in the context of a claim made by the petitioner for restoration of possession of the land sold by him to the three respondents. The claim for restoration was made under section 36(2) and (3} of the Maharashtra Land Revenue Code, 1966, before the Tahsildar, Sangamner. A certificate of baptism was produced before the Tahsildar which showed that the petitioner whose name is given as Karbhari alias Joseph Shankar Nikam, had been converted to Christianity. Relying on this certificate, the Tahsildar held that the petitioner had become a Christian and hence proceed ings should be dropped.

3. The petitioner filed an appeal to the Revenue Tribunal. The Revenue Tribunal noted the fact that the petitioner had admittedly been con verted to Christianity on 23rd July 1967. Before the Tribunal reliance was placed on a Government Resolution issued by the State Government, being Government Resolution No. CBC.1O58-E dated 14th May 1958 in which referring to the question as to whether persons belonging to Scheduled Tribes, who were converted to Islam, Christianity or other faiths, should be held eligible for educational and other concessions sanctioned by the Government for Scheduled Tribes, the Government directed as follows :-

“Government has been advised that members of the Scheduled Tribes even after conversion to Christianity, Islam, etc. would not cease to be members thereof (Scheduled Tribes) and would, therefore, be entitled to the concessions available to them before their conversion. Government has decided that persons belonging to the Scheduled Tribes, after their conversion to Christianity, Islam or other faiths, should be held eligible for the concessions and privileges previously admissible to them provided that they apply for the concessions as members of Scheduled Tribes.”

4. The Tribunal held that the aforesaid Government resolution was not issued in pursuance of any of the provisions of the Maharashtra Restora tion of Lands to Scheduled Tribes Act, 1974 (hereinafter referred to as the “Restoration of Lands Act”) and being merely administrative directions-would not be of any help to the petitioner. The Tribunal referred to the Explanation 1n section 36 of the Maharashtra Land Revenue Code and held that Christians were not notified as Scheduled Tribes in the said Resolution and, therefore, the petitioner, who had been converted to Christianity, could not be deemed to be a tribal within the meaning of the Restoration of Lands Act., All the three revision petitions were, therefore, dismissed by the Tribunal.

5. In these three petitions, Mr. Dalvi appearing on behalf of the peti tioner has contended that merely on conversion to Christianity, the petitioner or the member of a Scheduled Tribe did not cease to belong to the Scheduled Tribe and that unless it is shown that the person concerned on conversion to a different religion had treated himself as something different from the Scheduled Tribe or that the Scheduled Tribe had declined to accept him as one of its members as he originally was, such a person would continue to be a member of the Scheduled Tribe and consequently, he was entitled to pursue his rights either under the Restoration of Lands Act or under the Maharash tra Land Revenue Code. The learned counsel has placed reliance on a decision, of the Patna High Court in (Kartik Oraon v. David Munzni and another)1.

6. According to the respondents, where a member of a Scheduled Tribe gets converted to a religion like Christianity in the instant case, that must have the effect of the said convert going automatically out of the Tribe and, therefore according to the learned counsel appearing on behalf of the respondents, the claim made by the petitioner was not mainta

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