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8. Shri Khan, the learned Assistant Government Pleader, invited out attention to the information contained in Vol. III of the Book on the "Tribes and Castes of Central Provinces of India" by Russell and Hira Lal in respect of the tribes Gond Gowari and Gond and has placed reliance upon it to urge that both these tribes are WP4032.09+.odt different. He submits that Gond Gowari is included in the Scheduled Tribes Order of the State, whereas Gowari does not find place in it. He, therefore, submits that Gowaris cannot be treated as Gond Gowaris so as to make them available the benefits and concessions meant for the tribals. He has relied upon the decision of this Court rendered in Writ Petition No.1691 of 1990 on 4-4-1996, in the case of Adiwasi Gowari Samaj Sanghtana v. Union of India]. Our attention is also invited to Entry No.18, a cluster of tribes, led by Gond tribe in the Constitution (Scheduled Tribes) Order, 1950, which contains Entry Gond Gowari [as 28 th Item] and it is submitted before us that only Gowaris having affinity with Gonds are covered. He submits that Gowaris are shown as Special Backward Class in the Government Resolution dated 15-6-1995 and as Other Backward Class in the Central list prepared on 16-6-2001 and accordingly they are getting benefits.

WP4032.09+.odt (3) The tribe Gond has several chief sub-divisions and allied tribes, including Gondi Ahir or Ahir Gondi, Gaoli and Gowari. The tribe Gowari has also sub-divisions, like Dudh Gowari, Gai Gowari, Injhwar, Maladhari, Gond Gowari, etc. Thus, the Gond Gowari was a combination of two distinct tribes Gond and Gowari. However, significantly, the tribe Gond Gowari has not been classified as forest and hill tribe.

(4) Russell and Hira Lal states that Gond Gowari is a hybrid caste formed from the alliance between Gond and Gowari or herdsman of Maratha country. It states that Gond Gowari have no sub-tribes and they are lower than either Gond or Gowari. They are often identified with either Gond or Gowari and shown as cultivators and labourers. (5) Though the separate population figures of Gond Gowari were shown in the Census of 1891 and 1901 in the Maratha country, in none of the subsequent Census of 1911, 1921, 1931 and so on till 1956, it finds place along with figures of its population. Russell and Hira Lal states that in the year 1911, Gond Gowari have amalgamated with WP4032.09+.odt Gowari and this is accepted as their origin.

Our view on the report of Research Officers :

68. After going through the report dated 12-5-2006 WP4032.09+.odt (wrongly mentioned as '18-5-2006'), we find that the Research Officers visited the areas. The Committee of the Research Officers conducted search of revenue and school records of certain claimants. It is the finding of the said Committee that upon inspection of P-I Register prior to 1950 in the Taluka Office of Land Records at Kurkheda, no evidence is found of the entry Gond Gowari, but the evidence is of the entries of Gowari or Gowara. The Committee also inspected the school records of the period prior to 1950 from the Zilla Parishad Primary School, which included the school admission register and the affidavits. It found one entry of Gowari (Gond) made on 1-7-1955 and rest of the entries are of Gowara or Gowari, which are also found in the Zilla Parishad Primary Schools at Ramgad, Yenglekheda, Saletola. The Research Officers further record the finding that upon oral interviews of the villagers, it is found that Gond Gowari tribe is a sub-tribe of Gond and their cultural traits and customs are found similar to those of Gond tribe. It further states that when the information about Gowari tribe is collected, it was found to be an independent tribe, having no similarity in cultural traits and customs with Gonds or Gond Gowaris. The Committee has tried to lay down the six tests to make out a distinction between Gowaris and Gond Gowaris.