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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

In Brief

The Supreme Court reversed the Bombay High Court's judgment that declared the Gowari caste as Scheduled Tribe (Gond Gowari). The Court held that courts cannot entertain claims to declare an unlisted caste as a Scheduled Tribe; only Parliament can amend the Scheduled Tribes Order. Gowari and Gond Gowari are distinct communities. The High Court wrongly relied on census data to conclude Gond Gowari was extinct before 1911. The Court granted a protective order: members of Gowari who obtained admissions/employment between 14 August 2018 and the judgment date may retain those benefits, but no future ST benefits are available to the Gowari community.

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Constitutional Law Scheduled Tribes Administrative Law Civil Procedure Statutory Interpretation Presidential Order Social Justice

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