Case Note & Summary
The petitioners, Dr. Dayaram Bhagwanji Narnawre and his two minor sons, filed a writ petition challenging Government Resolutions dated 24.04.1985 and 19.06.1985 which held that the caste 'Mana' shown in Entry No. 18 of 'Gond' in the Constitution (Scheduled Tribe) Order is a subtribe of 'Gond'. The Sub Divisional Officer, Umred, passed an order on 03.07.2000 holding that the petitioner belonging to Mana tribe failed to establish his affinity with Gond. The court noted that the controversy involved in this petition no longer remains res integra in view of the decision of the Apex Court in State of Maharashtra v. Mana Adim Jamat Mandal, reported in 2006 (4) SCC 98. The Apex Court has held that earlier two judgments; one in the case of Dina v. Narayan Singh, reported in (1968) 38 ELR 212 and another in the case of Dadaji v. Sukhdeobabu, reported in (1980) 1 SCC 621 stand impliedly overruled by the decision of the Constitution Bench of the Apex Court in the case of State of Maharashtra v. Milind, reported in 2001 (1) SCC 4. The Government Resolutions under challenge reiterated the position in the aforesaid two judgments which are overruled. The Apex Court has now held in State of Maharashtra v. Mana Adim Jamat Mandal that each of the tribes specified in Entry 18 must be deemed to be a separate tribe. Consequently, the petition was dismissed as the challenge to the Government Resolutions cannot be sustained.
Headnote
A) Scheduled Tribes - Caste Status - Mana as Subtribe of Gond - The issue of whether Mana is a subtribe of Gond is no longer res integra in view of the Supreme Court's decision in State of Maharashtra v. Mana Adim Jamat Mandal, 2006 (4) SCC 98, which held that each tribe specified in Entry 18 of the Constitution (Scheduled Tribe) Order is a separate tribe. The earlier judgments in Dina v. Narayan Singh and Dadaji v. Sukhdeobabu stand impliedly overruled by the Constitution Bench decision in State of Maharashtra v. Milind, 2001 (1) SCC 4. (Paras 2-3)
Issue of Consideration
Whether the Government Resolutions dated 24.04.1985 and 19.06.1985 holding that Mana is a subtribe of Gond are valid in light of the Supreme Court's decision in State of Maharashtra v. Mana Adim Jamat Mandal.
Final Decision
The petition is dismissed. The challenge to the Government Resolutions cannot be sustained in view of the decision of the Apex Court in State of Maharashtra v. Mana Adim Jamat Mandal.
Law Points
- Res integra
- Implied overruling
- Scheduled Tribe status
- Subtribe determination
Case Details
2017 LawText (BOM) (06) 144
WRIT PETITION NO. 4198 OF 2000
R. K. DESHPANDE, Mrs. SWAPNA JOSHI
Shri S. Sanyal for Petitioners, Shri N.S. Rao, AGP for Respondent nos. 1, 2, 4 and 5
Dr. Dayaram s/o Bhagwanji Narnawre, Harshal s/o Dayaram Narnawre, Ujwal s/o Dayaram Narnawre
State of Maharashtra, Sub Divisional Officer Umred, Maharashtra Health University, Director of Technical Education, Scheduled Tribe Caste Scrutiny Committee
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Nature of Litigation
Writ petition challenging Government Resolutions and an order of the Sub Divisional Officer regarding caste status.
Remedy Sought
Petitioners sought to quash Government Resolutions dated 24.04.1985 and 19.06.1985 and the order dated 03.07.2000.
Filing Reason
The petitioners, claiming to belong to Mana tribe, challenged the Government Resolutions holding Mana as a subtribe of Gond and the SDO's order that they failed to establish affinity with Gond.
Previous Decisions
The Sub Divisional Officer, Umred, passed an order on 03.07.2000 holding that the petitioner belonging to Mana tribe failed to establish his affinity with Gond.
Issues
Whether the Government Resolutions dated 24.04.1985 and 19.06.1985 holding Mana as a subtribe of Gond are valid.
Whether the issue is res integra in light of the Supreme Court's decision in State of Maharashtra v. Mana Adim Jamat Mandal.
Submissions/Arguments
Not mentioned in the judgment text.
Ratio Decidendi
The issue of whether Mana is a subtribe of Gond is no longer res integra. The Supreme Court in State of Maharashtra v. Mana Adim Jamat Mandal held that each tribe specified in Entry 18 must be deemed to be a separate tribe, impliedly overruling earlier judgments. Hence, the Government Resolutions reiterating the overruled position cannot be sustained.
Judgment Excerpts
The controversy involved in this petition no longer remains resintegra in view of the decision of the Apex Court in the case of State of Maharashtra and others vrs. Mana Adim Jamat Mandal, reported in 2006 (4) SCC 98.
The Apex Court has now held in State of Maharashtra vrs. Mana Adim Jamat Mandal that each of the tribes specified in Entry 18 must be deemed to be a separate tribe.
Procedural History
The petitioners filed Writ Petition No. 4198 of 2000 in the Bombay High Court challenging Government Resolutions dated 24.04.1985 and 19.06.1985 and an order of the Sub Divisional Officer, Umred, dated 03.07.2000. The petition was heard and dismissed on 14.06.2017.
Acts & Sections
- Constitution (Scheduled Tribe) Order: Entry 18
