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1985 Supreme(Bom) 231

V.A.MOHTA, B.G.DEO
Milind Son of Shardrao Katware alongwith intervenors – Appellant
Versus
State of Maharashtra alongwith intervenors – Respondent


Judgment

V.A. MOHTA, J.:---A section of our people suffers for generations from social, educational, cultural and economical deprivations. Hence our Constitutions makes provides of much needed protective discrimination in their favour with the ultimate object of achieving real equality. This inevitably led to the problem of their identification. Major section of this class has been specified in the Constitution as "Scheduled Castes" and "Scheduled Tribes" Constitution does not define these terms but the president was empowered under Articles 341 and 342 of the Constitution to draw up their lists on consultation with the Governor of the State. The President did prepare two lists by the Constitution (Scheduled Caste) Order 1950 ( S.C. Order) and the Constitution (Schedules Tribes) 1950 ('ST Order). By virtue of authority conferred by these very Articles, the Parliament amended the lists by the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976 ('The Act"). In this and other concerned cases, we are concerned with the Scheduled Tribes "Halba/Halbi at entry No 19, para IX, Second Schedule of the Act. In the S.T. Order, Halbas from the following areas only were covered :


















































































































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