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Supreme Court of India 2020-12-18 allowed

State of Maharashtra & Anr vs Keshao Vishwanath Sonone & Anr

Bench: 3 — Ashok Bhushan, Sanjay Kumar, Alok Aradhe

In Brief

The Supreme Court reversed the Bombay High Court's judgment that had declared Gowari community members as Scheduled Tribes (Gond Gowari). The Court held that 'Gowari' and 'Gond Gowari' are two distinct castes. While 'Gond Gowari' is included in the Scheduled Tribes Order since 1956 as a sub-tribe of Gond, 'Gowari' is not. Courts cannot hold inquiries or admit evidence to declare unscheduled castes as Scheduled Tribes—only Parliament can modify the official list. The Court protected interim admissions and employment obtained by Gowari members between August 2018 and the judgment date but disallowed future benefits as Scheduled Tribes.

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Scheduled Tribes Constitutional Law Administrative Law Caste Certificates Tribes and Castes Article 342

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