The court establishes that arbitrary discrimination in granting concessions based on tribal status, without proper validation, breaches fundamental rights.

1. This is a writ petition. The petitioner's case is that the Divisional Forest Officer, Nowgong by a notification dated 20-2-68 called for sealed tenders for working the Lumding Sand Mahal No. 1 on royalty cum monopoly basis. The petitioner and five others including opposite party No. 5 Shri Upendra Nath Khamphri submitted tenders and the petitioner offered the highest bid. Opposite party No. 5 was offered to accept the settlement at the highest bid but he did not accept the offer. Then the settlement was made with the petitioner by the Conservator of Forests. Three appeals were filed before the Government against the settlement and the Government set aside the settlement made by the Conservator of Forests and settled the Mahal with the opposite party No. 5. This petition has been filed against the settlement made by the Government.

2. In the Assam Forest Regulation there are provisions for constitution of Reserved forests and Village forests. Land at the disposal of the Government which is neither a Reserved forest nor a Village forest is "Unclassed State forest". The Government has framed Rules regarding such forests and in it provision has been made for collection of sand therefrom, vide Assam Forest Manual Vol. I 1947 Edn. page 39. The Government has also made "the Assam Settlement of Forest coupes and Mahals by Tender System Rules, 1967" (hereinafter called the Rules) for the settlement of Mahals of forest produce. Therefore the first question that arises is whether sand is "forest produce". The term "forest produce" has been defined in S.3(4) of the Regulation as follows:
"(4) "forest produce" includes -
(a) the following, whether found in, or brought from, a forest or not, that is to say -
(b) timber, charcoal, caoutchoue, catechu, wood - oil, resin, natural varnish, bark, lac, myrabolams, rhinoceros horns, and
(b) the following when found in, or brought from a forest, that is to say, -
(i) trees and leaves, and fruits, and all other parts or produce not hereinbefore mentioned of trees,
(ii) plants not being trees (including grass, creepers, reeds and moss), and all parts or produce of such plants,
(iii) wild animals and skins, tusks and horns, bones other than rhinoceros horns, silk, cocoons, honey and wax, and all other parts or produce of animals, and
(iv) peat, surface soil, rock and minerals (including limestone, laterite, mineral oils and all products of mines or quarries)."

3. It may be noted that the definition is not exhaustive. It "includes" the above and there may be other kinds of forest produce. In short what is usually found in a forest is forest produce. When surface soil can be forest produce, I see no reason why sand will not be the same.

4. Mr. Chaudhury argues that the term "Mahal" as defined in the Rules is vague. I see no vagueness in it. A "Mahal" will mean a defined area where - from a certain type of forest produce is sold. A certain type of forest produce means any particular type of forest produce. As I have said above, sand in land at the disposal of the Government is a forest produce and as such the Rules will apply when a Sand mahal is settled.

5. It is argued by Dr. Medhi that in the settlement of the mahal with opposite party No. 5, statutory rules were violated. I quote below the relevant provisions of the Rules.
"6 (4). The tender shall be accompanied with the following documents, namely -
(i) xxxx xxxx xxxx
(ii) An up - to - date income tax clearance certificate.
(iii) xxxx xxxx xxxx
(iv) If the tender is submitted by a person belonging to any of the Scheduled Castes, Scheduled Tribes or other Backward Classes, then