VidhiSangh

Supreme Court of India · 18/12/2020

THE STATE OF MAHARASHTRA & ANR. versus KESHAO VISHWANATH SONONE & ANR.

[2020] 11 S.C.R. 597 · 2020 INSC 715

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Summary

The Court reversed the declaration that the Gowari community was entitled to Scheduled Tribe status as Gond Gowari in Maharashtra. Only Parliament may alter the notified list; the High Court could not use evidence to substitute an unlisted community for a listed tribe. Its finding that Gond Gowari had become extinct before 1911 was also unsupported. Initial admissions and employment secured through certificates issued following the High Court judgment were protected within a defined period, without further Scheduled Tribe benefits.

Issues

  1. Whether the High Court could declare Gowari to be the listed Scheduled Tribe Gond Gowari through an evidentiary inquiry.
  2. Whether Gond Gowari had become extinct and whether its caste validity required affinity with Gond.
  3. Whether admissions and employment obtained under the High Court judgment should be protected.

Provisions considered

Held

Result

Appeals allowed; High Court judgment dated 14 August 2018 set aside and writ petitions dismissed. Specified initial admissions and employment protected; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2020] 11 S.C.R. 597.