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TMI Blog2006 (3) TMI 763X X X X Extracts X X X X X X X X Extracts X X X X ..... e taken, we do not see any infirmity in the order passed by the Division Bench of the Bombay High Court, which would warrant interference by this Court. This appeal being devoid of merits is, accordingly, dismissed. Parties are asked to bear their own costs. For the reasons stated in Civil Appeal, this appeal is also dismissed. - HON'BLE H.K. SEMA AND A.R. LAKSHMANAN, J. For the Appellant : S.K. Dholakia and Uday Umesh Lalit, Sr. Advs., S.S. Shinde, Sushma W. Deshpande, Ravindra Keshavrao Adsure, Advs For the Respondent : P.P. Rao and M.N. Rao, Sr. Advs., Ram Parsodkar, Manish Pitale, Chander Shekhar Ashri, Satyajit A. Desai, Amol Nirmalkumar Suryawanshi and Venkateswara Rao Anumolu, Advs JUDGMENT: H.K. SEMA, J. Civil Appeal No. 5270 of 2004 1. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istrict (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, Gond Gowari, Hill Maria, Kandra, Kalanga, Khatola, Koitar, Koya, Kirwar or Khirwara, Kucha Maria, Kuchaki Maria, Media (Maria), Mana, Mannower, Mohya or Mogia or Monghya, Mudia (Muria), Nagarchi, Nagwanshi, Ojha, Raj, Sonjhari Jhareka, Thantia or Thotye, Wade Maria or Vade Maria. (emphasis supplied) 4. Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 was passed by the Parliament. The Preamble of the Act states: An Act to provide for the inclusion in, and the exclusion from, the lists of Schedu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her any inquiry is permissible or any evidence can be let in, in relation to a particular caste or tribe to say whether it is included within Presidential Orders when it is not so expressly included or exclude a particular Caste or Tribe or group of Castes or Tribes when they are expressly included. 8. Mr. S.K. Dholakia, learned senior counsel appearing on behalf of the appellant strenuously contended that the facts of the case at hand are squarely covered by the decision of this Court rendered in the case of Dina II (supra). He further contended that the decision rendered by this Court in Dina II (supra) has not been over-ruled by a Constitution Bench of this Court in State of Maharashtra v. Milind Katware (2001) 1 SCC 4. 9. Per contra, Mr. P.P. Rao, learned Senior counsel contended that the decision of this Court in Dina II (supra) was over-ruled by the Constitution Bench of this Court in Milind Katware's case (supra) by necessary implication. 10. The Constitution Bench of this Court in Milind Katware's case (supra), after taking into consideration all the judgments, arrived at the conclusion at para 36 page 30 SCC as under: 36. In the light of what is stated above, the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no evidence can be let in the matter. 13. We will now examine as to whether the decision rendered by this Court in Dina II case (supra) was over-ruled by the Constitution Bench of this Court in Milind Katware's case (supra) by necessary implication. In Dina II case, the two-Judge Bench of this Court, after examining the evidence on record, held in paragraphs 16 and 17 as under: 16. We are, therefore, of the view that the 'Mana' community included in Entry 18 can only be that which has affinity with 'Gonds' and any other community which also bears the name 'Mana' but does not have any such affinity cannot be deemed to fall within the scope of 'Mana' in Entry 18. 17. The appellant has categorically admitted in the course of his evidence that there was no connection between his community and Gonds. His evidence is, we have no concern with the Gond community also. The customs and traditions with regard to marriage of our community are different from those of the Gonds . He has stated in his deposition that I have no concern whatsoever with Gonds. There are sub-castes amongst Gonds. Some of them are Arak, Gowari, Raj Gond, Bada Magia, Madia, Ojha and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Gonds he stated that he was not a Gond; that he had nothing to do with the Gonds, and that his community had also nothing to do with the Gonds. He rested his claim solely upon the description in Entry 12 in Item 5 of Part VII-A of the Schedule. But the form in which the entry is made prima facie indicates that in view of the legislature, Mana was a sub-tribe of Gonds and a Mana who was a member of the sub-tribe of Gonds alone was entitled to the privileges conferred by the Schedule to the Scheduled Tribes Order. We, therefore, agree with the High Court that the appellant, merely, because he belonged to the Mana Community amongst the Marathas, is not eligible to stand as a candidate for election to the Maharashtra Legislative Assembly from the reserved seat of the Armori constituency in Gadchiroli tahsil of Chanda District. 15. As noticed above, a Constitution Bench of this Court in Milind Katware's case (supra) has over-ruled the decision in Dina I, which was based on appreciation of evidence on record. In Dina II, not only the observations made in Dina I were bodily lifted in paragraph 18, in paragraph 17, as quoted above, the evidence on record was considered in arriving a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ria, Nagarchi, Naikpod, Nagwanshi, Ojha, Raj, Sonjhari Jhareka, Thatia Thotya, Wade Maria or Vade Maria. (emphasis supplied) The Constitution (Scheduled Tribe) Order 1950, in relation to the State of Maharashtra, did not specify 'Mana'. 20. It will be noticed that in the Scheduled Caste and Scheduled Tribes Order (Amendment) Act, 1956 (Act No. 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, Gond Gowari, Hill Maria, Kandra, Kalanga, Khatola, Koitar, Koya, Kirwar or Khirwara, Kucha Maria, Kuchaki Maria, Media (Maria), Mana, Mannower, Mohya or Mogia or Monghya, Mudia (Muria), Nagarchi, Nagwanshi, Ojha, Raj, Sonjhari Jhareka, Thantia or Thotye, Wade Maria or Vade Maria. (emphasis supplied) 21. As noticed above, in entry 18 of the Second Schedule of the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976, the word 'including' was expressly deleted. Mr. P.P. Rao, learned Senior counsel referred to various entries in the S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re is a punctuation mark comma (,) between one Entry and another Entry in the group signifying that each one of them is deemed to be a separate Scheduled Tribe by itself. In the present case, Entry 18 of the Schedule clearly signifies that each of the Tribe mentioned therein deemed to be a separate Tribe by itself and not a sub-Tribe of 'Gond'. 'Gond' is a Scheduled Tribe, it is not disputed. As already noticed that 'Gond' including Arakh or Arrakh etc. found in Entry 12 of Amendment Act 63 of 1956 has been done away with by the Amendment Act of 1976. In Entry 18 of Second Schedule of Amendment Act of 1976 the word 'including' was deliberately omitted, which signifies that each one of the Tribe specifying in Entry 18 is deemed to be a separate Tribe by itself. Therefore, Mana is not a sub-Tribe of Gond but a separate Tribe by itself and is a Scheduled Tribe. 24. In the view that we have taken, we do not see any infirmity in the order passed by the Division Bench of the Bombay High Court, which would warrant interference by this Court. This appeal being devoid of merits is, accordingly, dismissed. Parties are asked to bear their own costs. CIVIL APPEA ..... X X X X Extracts X X X X X X X X Extracts X X X X
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