9911796707
TMI Blog1999 (2) TMI 675X X X X Extracts X X X X X X X X Extracts X X X X ..... questions involved. The petition thereafter came to be heard by a Full Bench of the Bombay High Court where it was contended on behalf the respondent herein that she belonged to the Hindu Bawa Nomadic tribe which, according to her, was originally recognised as an Other Backward Class in Sindh, West Pakistan. It is stated that prior to the partition of India, Sindh was a part of the then Bombay Presidency and as per the various Government orders of the then Bombay Presidency, Hindu Bawa community of Sindh was recognised as a Nomadic tribe in the entire Presidency. It is further contended that after Partition of the country, a number of members of Sindhi community migrated to India and settled down in various parts of India, including the then Presidency of Bombay. It is further contended that these migrants continued to practice their original traditions and that they socially and ethnically belonged to the same community as Gosavi or Bawa community notified by the Government of Maharashtra as a Nomadic tribe. Strong reliance was placed on an earlier case decided by a Division Bench of the Bombay High Court in the case of Vijay Shrichand Daulatani v. State of Maharashtra Ors. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is necessary to establish mutual affinity amongst the tribal communities specified in the Schedule? After considering the various contentions raised on behalf of the parties and the judgments cited before it, it partly allowed the writ petition. The High Court took the view that the members of the Bawa community who migrated from Sindh are deemed to have been included in the reservation list of Nomadic tribes declared as such by the State Government. The High Court further declared that the Government Resolution dated 1.4.1987 was beyond the executive power of the State. The court accordingly took the view that if all the Government Resolutions are read together with the historical background, it is clear that in Sindh which was once a part of the Bombay Presidency, the Bawa community was included as a Nomadic tribe in various Government Resolutions issued form time to time. On factual aspect of the matter, the court took the view that the petitioner will have to establish mutual affinity amongst the tribal communities specified in the Schedule before appropriate authorities and, accordingly, remanded the matter to the Scrutiny Committee for reconsidering the case on meri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment Circular of Education Social Welfare Department, dated 1.10.1962, the said Entry was continued. According to the High Court, the Entry thereafter came to be amended from time to time and the Entry, as corrected vide Government Resolution dated 9.12.1977 read with corrigendum dated 10.4.1978 read as follows : Community. Synonyms Gosavi 1. Bava, 2. Bairagi, 3. Bharati, 4. Girigosavi, 5. Bharati Gosavi, 6. Saraswati Parbat, 7. Sagar, 8. Ban or Van, 9. Teerth Ashram, 10. Aranya Gharbari, 11. Sanyasi, 12. Nathapanthi Gosavi. In view of the above background and in view of the historical fact that Sindh was once a part of the Bombay Presidency, the High Court recorded a finding that Bawa caste also came to be included in the Resolutions issued by the then Government of Bombay. With regard to the second question framed for consideration by the High Court, it came to the conclusion that the Government Resolution dated 1.4.1987 read as a whole, made it obvious that it came to be issued to set at naught to or get over the decision of that court in Daulatani s case (supra). Hence, it held that it was not op ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lution dated 21.11.1961 does not require any interference from us. It was next contended on behalf of the State that in view of the Resolution of the State of Maharashtra dated 1.4.1987, there is a clear declaration that those communities which had migrated from the State of Sindh are excluded from the list of Vimukta Jati and Nomadic tribes. The High Court considering a similar argument had specifically held that this Resolution, read as a whole, shows that it came to be issued to set at nought or to get over its earlier decision in Daulatani s case. The High Court further held that it is well settled that the State while purporting to clarify the position cannot enter upon judicial power and set aside a binding judgment of the court by issuing an executive fiat. We are in respectful agreement with the above finding of the High Court. The question whether an executive or a legislature can overrule a judgment of a court of law and, if so, to what extent, has come for consideration before this Court in a number of cases. Reference can be made in this regard to the decisions of this Court in (1) Municipal Corporation of the City of Ahmedabad Etc. v. The New Shrock Spinning We ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nment Resolution dated 1.4.1987, read as a whole, shows that it came to be issued to set at naught or to get over the decision of the Bombay High Court in Vijay Daulatani s case. It is next contended by Mr. Mohta that it is open to the State either to recognise or not to recognise a particular community as a Nomadic tribe. In support of this contention, reliance was placed upon a judgment of this Court in the case of Marri Chandra Shekhar Rao v. Dean, Seth G.S. Medical College Ors., [1990] 3 SCC 130. There can be no quarrel with this proposition. The State has every right to recognise a particular community in a particular manner but the same should be done for good reasons and after application of mind to all the relevant factors. Such a decision of the State must be specifc and cannot be left to be inferred from surrounding circumstances. Nor can such a decision be based on irrelevant materials. In the instant case, having included the community Gosavis in the category of Nomadic tribe of which Bawas claim to be a synonym, it cannot be left to the Executive to contend such reservation benefit is available only to the members of the Gosavi or Bawa community who are or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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