JUDGMENT - LODHA R.M., J.:---The only argument that has impressed us is concerning the incompetence of Caste Scrutiny Committee in holding that though the petitioner belongs to "Thakar", but being of Bhat category he does not belong to Scheduled Tribe.

2. While considering the petitioner's tribe claim, the Scheduled Tribes Certificate Scrutiny Committee (for short, "Scrutiny Committee") held thus :

"After considering all the aforesaid documents and in exercise of the powers vested, the Scrutiny Committee has come to the conclusion that Shri Chandrakant Bajirao Shinde does not belong to Thakar Scheduled Tribe and as such his claim towards the same is held invalid. He belongs to caste Thakar of Bhat category and as such the caste certificate of his belonging to Thakar scheduled tribe granted by the Tahsildar of Purandar vide No. MAG/WS/92/78, dated 17-7-1978 is hereby cancelled and confiscated."

3. It is apparent from the aforesaid finding recorded by the Scrutiny Committee that though the petitioner belongs to caste "Thakar yet since he belongs to caste "Thakar" of Bhat category, he cannot be said to be belonging to 'Thakar' Scheduled Tribe. The question that arises for our consideration is whether the Tribunal was competent to hold so when "Thakar" is notified as Scheduled Tribe in the Presidential Order viz. The Constitution (Scheduled Tribes) Order, 1950 as amended by the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1956 and The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976.

4. The Constitution (Scheduled Tribes) Order, 1950 was issued on 6th September 1950 in exercise of the powers conferred upon the President of India by Clause (1) of Article 342 of the Constitution of India. In the schedule appended to the said order, admittedly Thakar was not notified as a scheduled tribe within the then State of Bombay. Thereafter by the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1956 the Presidential Order, 1950 was amended and in some of the districts of the State of Bombay, Scheduled Tribes 'Thakur' or 'Thakar' including- 'Ka Thakur', 'Ka Thakar', 'Ma Thakur', 'Ma Thakar' were included. Thereafter with effect from 18-9-1976, the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 came into force, amongst other amending the Presidential Order i.e. Constitution Scheduled Tribes Orders, 1950. Entry No. 44 of the schedule, part IX Maharashtra thereof notifies 'Thakur', 'Thakar', 'Ka Thakur', 'Ka Thakar', 'Ma Thakur', 'Ma Thakar' without any area restriction being Scheduled Tribe within the entire State of Maharashtra.

5. The Presidential Order as is known or for that matter the Scheduled Tribes order has to be applied as it stands and no enquiry can be held or evidence let in to determine whether or not some particular community falls within it or outside it. This is what has been held by the Supreme Court in (Palghat Jilla Thandan Samudhya Samrakshna Samithi and another v. State of Kerala and another)1, 1994(1) S.C.C. 359. In paragraph 18 of the report, the Supreme Court held thus :

"18. These judgments leave no doubt that the scheduled castes order has to be applied as it stands and no enquiry can be held or evidence let in to determine whether or not some particular community falls within it or outside it. No action to modify the plain effect of the Scheduled Castes Order, except as contemplated by Article 341, is valid."

6. In Palghat Jilla Thandan Samudhaya Samarakshana Samithi, the principal question before the Apex Court was with regard to the validity of the decision of the State of Kerala not treating members of the 'Thandan' community belonging to the erstwhile Malabar District, including the present Palghat District of the State of Kerala as members of Scheduled Castes. In the backdrop of legal position as noted above, in paragraph 19 of the report the Apex Court held thus :

"19. The Thandan community in the instant case having been listed in the Scheduled Cas

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