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Supreme Court of India 2020-12-18 allowed

UNION OF INDIA vs KESHAO VISHWANATH SONONE & ANR

Bench: 3 — Ashok Bhushan, R. Subhash Reddy, M.R. Shah

In Brief

The Supreme Court reversed the High Court's judgment that declared the Gowari community eligible for Scheduled Tribe status as Gond Gowari. The Court held that Gowari and Gond Gowari are distinct communities and that courts cannot entertain claims to redefine entries in the Scheduled Tribes Order—only Parliament can amend such orders. The Court found the High Court's conclusion that Gond Gowari became extinct before 1911 was unsupported by evidence. However, to protect students and employees who obtained benefits based on the High Court's judgment between its date (14.08.2018) and the Supreme Court's judgment, those admissions and appointments were allowed to stand, though no further benefits would be available to the Gowari community as Scheduled Tribes.

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Constitutional Law Scheduled Tribes Presidential Orders Parliamentary Amendments Affinity Test Social Justice Reservation Anthropology Interpretation of Statutes

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