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1989 Supreme(Bom) 192

S.M.DAUD
Rajesh Arjunbhai Patel – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - S.M. DAUD, J.:---This petition under Article 226 of the Constitution of India impugns parts of G.R. No. CBC-1083-103591(1) K-11 dated March 13, 1985 (Ex. S) and certificate dated 25-6-1987 (Ex. R) based on the said Government Resolution.

2. Petitioner's father Arjunbhai and mother Meenabehn hail from Village Virpore, Taluka Nanded, District Broach, Gujarat State. Arjunbhai is from the Bhil tribe which tribe is to be found in a number of States of India including Gujarat and Maharashtra. The founding fathers being aware of the disabilities from which certain sections of the people suffered, took care to incorporate in the Constitution provisions designed to provide compensatory discrimination in favour of these sections. The disabled include Scheduled tribes. Groups to be recognised as such tribes have to figure in a notification which the President issued in consultation with the Governor where the specification is in relation to a State. Parliament can by law amend this notification whether by inclusion or exclusion of any group. Bar this method the Presidential notification could not be otherwise varied-not even by such a subsequent notification. Groups recognised as S




























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