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CASE NO.:

Appeal (civil) 5270 of 2004

PETITIONER:

State of Maharashtra & Ors

RESPONDENT:

Mana Adim Jamat Mandal

DATE OF JUDGMENT: 08/03/2006

BENCH:

H.K. SEMA & Dr. AR LAKSHMANAN

JUDGMENT:

J U D G M E N T

WITH

CIVIL APPEAL NO. 6480 OF 2005

H.K.SEMA,J.

CIVIL APPEAL NO. 5270 OF 2004

What appears to be a perpetual controversy with regard

to Scheduled Tribe status has again engaged the attention of

this Court for a considerable time. Two questions are raised

before us:

1. Whether the ’Mana’ community in the State of

Maharashtra is a Sub-Tribe of "Gond" and is a

Scheduled Tribe or not?

2. Whether a two Judge Bench decision of this Court

in Dina v. Narayan Singh 38 ELR 212 (for the

sake of brevity ’Dina I’) and the decision rendered by

another two Judge Bench of this Court in Dadaji

alias Dina v. Sukhdeobabu & Ors. (1980) 1 SCC

621 (for the sake of brevity ’Dina II’) are over-ruled

by a Constitution Bench of this Court in State of

Maharashtra v. Milind Katware (2001) 1 SCC 4?

The questions raised before us being the questions of

law, it is not necessary for us to recite the entire facts.

Clause 25 of the Article 366 of the Constitution of India

defines "Scheduled Tribes" as under:

"Scheduled Tribes" means such tribes or tribal

communities as parts of or groups within such

tribes or tribal communities as are deemed under

article 342 to be Scheduled Tribes for the purposes

of this Constitution;"

Article 342 of the Constitution of India deals with

Scheduled Tribes. It says:

"342. Scheduled Tribes. \026 (1) The President may

with respect to any State or Union territory, and

where it is State, after consultation with the

Governor thereof, by public notification, specify the

tribes or tribal communities or parts of or groups

within tribes or tribal communities which shall for

the purposes of this Constitution be deemed to be

Scheduled Tribes in relation to that State or Union

territory, as the case may be.

(2) Parliament may by law include in or exclude

from the list of Scheduled Tribes specified in a

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notification issued under clause (1) any tribe or

tribal community or part of or group within any

tribe or tribal community, but save as aforesaid a

notification issued under the said clause shall not

be varied by any subsequent notification."

The President by public notification issued the

Constitution (Scheduled Tribes) Order, 1950, in exercise of the

powers conferred by clause (1) of Article 342 of the

Constitution. By clause 2 of that Order it was provided that

the tribes or tribal communities, or parts of it, or groups,

within tribes or tribal communities, specified in Parts I to XII

of the Schedule to the Order shall, in relation to the States to

which those parts respectively relate, be deemed to be

Scheduled Tribes so far as regards members thereof resident

in the localities specified in relation to them respectively in

those Parts of that Schedule. The Order is followed by a

Schedule constituting of twelve Parts. Part VII-A of the

Schedule as amended by Act II of 1960 relates to

Maharashtra. By item 5 it is specified that in (1) Melghat

tehsil of Amravati District (2) Godchiroli and Sironcha tehsils

of the Chanda district (3) Kalapur, Wani and Yeotmal tehsils of

the Yeotmal district 32 tribes or tribal communities shall be

deemed Scheduled Tribes. Entry 12 as originally set out in

the Order promulgated by the President of India reads: "Gond"

including Media, ("Maria" and Mudia (Murai)"). By the

Scheduled Castes and Scheduled Tribes (Amendment) Act, 63

of 1956, Entry 12 was substituted by:

"12. Gond, including

Arakh or Arrakh, Agaria, Asur, Badi, Maria or Bada

Maria, Bhatola, Bhimma, Bhuta, Koliabhuta or

Koilabhuti, Bhar, Bisonborn Maria, Chota Maria,

Dandami Maria, Dhuru or Dhurwa Dhoba, Dhulia,

Dorla Gaiki, Gatta or Gatti, Gaita, Go