1. What is challenged in this petition is a Notification/Circular dated 3rd March, 1979, issued by the Government of Bihar addressed to various functionaries of the State.

2. Even though the text of this Notification is in Hindi, the English translation, as far as text generally suggests to us is that it deals with a situation where a tribal woman marries an upper caste Hindu (SAVARN HINDU) and in such an eventuality the off springs born out of this wedlock would be accorded the status of belonging to the Scheduled Tribe to which the woman belongs, but only if and after the Community of such Scheduled Tribe accepts the factum and the reality of this marriage. In other words, the Community of this Tribe accepts the couple into its fold. Based on this, this Communication accordingly directs and instructs all the State functionaries to hold enquiries with respect to the foresaid aspect as to whether the Community of such Scheduled Tribe has accepted the marriage, thus recognising the existence of the arrangement between the tribal woman and the upper caste Hindu and depending upon the result of such enquiry, the grant of facilities due to the Scheduled Tribes may be made available