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Legislation

Constitution (Scheduled Tribes) Order, 1950

11 Supreme Court judgments cite this Act.

RAJU RAMSING VASAVEversusMAHESH DEORAO BHIVAPURKAR & ORS.

2008 INSC 100029 August 2008Appeal(s) allowed

The appellant, a co‑employee of Mahesh Deorao Bhivapurkar, challenged a High Court order that had declared Bhivapurkar a member of the Halba Scheduled Tribe and directed the employer to accept his caste certificate. The Supreme Court held that the High Court's decision was unsustainable, did not create res judicata, an

STATE OF KERALA AND ANRversusCHANDRAMOHANAN

2004 INSC 6328 January 2004Appeal(s) allowed

The State of Kerala appealed a Kerala High Court order that quashed charges under Sections 3(i) and 3(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the ground that the victim’s family had converted to Christianity two centuries earlier and therefore ceased to be members of a

STATE OF ORISSAversusDASARATHI MEHER

2018 INSC 90027 September 2018Dismissed

The State of Odisha appealed against a judgment that held the tribe "Kulis" listed in the Scheduled Tribes Order (Amendment) Act, 1976, includes members of the "Kuli" community. The issue was whether the term "Kulis" was a distinct tribe or merely the plural of "Kuli", which had earlier been listed as a Scheduled Caste

PRABHAT KUMAR SHARMAversusUNION PUBLIC SERVICE COMMISSION AND ORS.

2006 INSC 72219 October 2006Dismissed

Prabhat Kumar Sharma, a member of the Lohar community in Bihar, claimed Scheduled Tribe status to obtain reservation benefits in the Civil Services examinations. The UPSC initially allowed him to appear as a Scheduled Tribe candidate based on a High Court direction, but later treated him as an Other Backward Class afte

SUDHAKAR VITHAL KUMBHAREversusSTATE OF MAHARASHTRA AND ORS.

2003 INSC 64018 November 2003Case Partly allowed

Sudhakar Vithal Kumbhare, a resident of Madhya Pradesh belonging to the Halba tribe, was promoted to Assistant Engineer in the Maharashtra State Electricity Board under a reserved post. The Board later reverted him to Junior Engineer, arguing that he was not entitled to reservation benefits in Maharashtra. The Supreme

ACTION COMMITTEE ON ISSUE OF CASTE CERTIFICATE TO SCHEDULED CASTES AND SCHEDULED TRIBES IN THE STATE OF MAHARASHTRAversusUNION OF INDIA AND ANR.

1994 INSC 26218 July 1994Dismissed

The Action Committee on Issue of Caste Certificate filed a writ petition under Article 32 challenging Maharashtra's denial of Scheduled Caste and Scheduled Tribe benefits to persons who had migrated from other states. The petition argued that the denial violated Articles 14, 15(1), 16(2), 19 and the spirit of Articles

ANJAN KUMARversusUNION OF INDIA AND ORS.

2006 INSC 8214 February 2006Dismissed

Anjan Kumar, the son of a Scheduled Tribe mother and a non‑tribal father, obtained a Scheduled Tribe (ST) certificate on the basis of his mother's status and cleared the Civil Services Examination as an ST candidate, but was denied a final posting. He challenged the Union of India's refusal and the enquiry report that

PRIYA PRAMOD GAJBEversusSTATE OF MAHARASHTRA AND OTHERS

2023 INSC 66311 July 2023Appeal(s) allowed

The appellant, Priya Pramod Gajbe, secured admission to an MBBS programme under a Scheduled Tribe (ST) seat, claiming membership in the Mana tribe. The Scrutiny Committee rejected her claim on the basis that she failed the Affinity Test and could not prove ancestral residence in the tribe's traditional area; the High C

AGM/HUMAN RESOURCE, BHEL LTD.versusSURESH RAMKRISHNA BURDE

2007 INSC 55710 May 2007Appeal(s) allowed

The respondent, Suresh Ramkrishna Burde, claimed to belong to the Halba Scheduled Tribe and produced a caste certificate to obtain a clerk position at BHEL, a post reserved for Scheduled Tribes. After complaints, the employer referred the matter to the District Collector and a Scrutiny Committee, which after thorough i

KAVITA SOLUNKEversusSTATE OF MAHARASHTRA AND ORS.

2012 INSC 3309 August 2012Appeal(s) allowed

Kavita Solunke was appointed as a teacher in an aided school in Maharashtra to a post reserved for Scheduled Tribe candidates, claiming to belong to the Halba tribe. Ten years later, a caste‑verification committee found that her father was a Koshti, a caste not listed as a Scheduled Tribe, and cancelled her caste certi

STATE OF MAHARASHTRA AND ORS.versusMANA ADIM JAMAT MANDAL

2006 INSC 1478 March 2006Dismissed

The Supreme Court examined whether the Mana community in Maharashtra is a sub‑tribe of the Gond tribe or a distinct Scheduled Tribe, and whether state resolutions could alter the status conferred by the Constitution (Scheduled Tribes) Order. The Court held that the Constitution (Scheduled Tribes) Order, as amended by P

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