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
- Whether the High Court could declare Gowari to be the listed Scheduled Tribe Gond Gowari through an evidentiary inquiry.
- Whether Gond Gowari had become extinct and whether its caste validity required affinity with Gond.
- Whether admissions and employment obtained under the High Court judgment should be protected.
Provisions considered
- Articles 342 and 366(25), Constitution of IndiaThe notified Scheduled Tribes list determines constitutional status; inclusion or exclusion after notification requires parliamentary legislation, not judicial substitution through evidence. (¶¶ 26–27, 41, 58–61)
- Part IX, Maharashtra, Entry 18: Gond Gowari, Constitution (Scheduled Tribes) Order, 1950The listed Gond Gowari community is distinct from Gowari. The High Court could not declare the latter included under the former entry. (¶¶ 28–39, 83–95)
- Affinity test relating to Gond Gowari, Government Resolution dated 24 April 1985, MaharashtraThe requirement to test Gond Gowari caste validity by affinity with Gond was upheld in this case. (¶¶ 64, 87–95)
Held
- The High Court could neither entertain the claim to declare unlisted Gowari a Scheduled Tribe as Gond Gowari nor take evidence to effect that substitution. Basavalingappa turned on peculiar, undisputed circumstances concerning the absence of the named caste and did not conflict with Milind; no larger Bench reference was warranted. (¶ 42–61)
- The High Court could not undertake the inquiry that the notified Gond Gowari tribe had become extinct before 1911. Its conclusion was also unsupported: changes in census classification did not prove extinction, and research material, revenue records and validated certificates contradicted it. (¶ 62–82)
- Gowari and Gond Gowari are distinct communities. Gond Gowari is a sub-tribe of Gond and its certificate validity must be tested under the prescribed affinity test. The decision concerning Mana was distinguishable and did not establish that Gond Gowari had no affinity with Gond. (¶ 83–95)
- Earlier State recommendations to include Gowari did not prevent the State from subsequently opposing that claim on the material before it. The Court did not base its judgment on the later Tata Institute report unavailable to the High Court. (¶ 97–99)
- Admissions taken and employment secured on Scheduled Tribe certificates granted to Gowari members between 14 August 2018 and 18 December 2020 were protected because the High Court declaration had operated without a stay. Protection extends to those initial admissions or employment, not any further Scheduled Tribe benefits. (¶ 100–101)
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.