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15. According to the learned Advocate General 'Tripuri' and 'Trippera' are synonyms of Tripura'. In the works of different authoritative writers there is no mention of 'Deshi Tripura' as a sub-tribe or sub-class or division of even as part and parcel of Tripura, Tripuri, Tippera tribe or tribal community. It can, therefore, reasonably be concluded, submits the learned Advocate General, that Deshi Tripura was/is not a sub-tribe, subclass, division or part and parcel of Tripura, Tripuri, Tippera tribe or tribal community. Circular Nos. 9 and 10, according to him, were for census purposes and were clearly wrong. According to him it appears from Udaipur Bibaran by Shir Brajendra Dutta that the Laskar community at Chandrapur Mouja in Udaipur were Bangali Hindu subjects living there for a long time. This book was published from the State Press and at the State expense in 1340 T.E. (1930 A.D.). Therefore, it is even submitted that Deshi Tripura community is not the Laskar community and that Deshi Tripura community and Laskar are different from each other. Deshi Tripura is the derivative of admixture between Bangali community and Tripura, Tripuri, Tippera community (sic) cannot be termed as 'Deshi Tripura'. The derivatives of admixture Between Laskar community (Bengalees) and Tripura, Tripuri, Tippera community only can be said to be 'Deshi Tripura'. He further submits that the titles of the Laskar community are significantly Bangali titles; and that even if Laskar community belongs to Deshi Tripura community then also it is apparent that they were never accepted by tribal society because they were having Bengali titles which meant that the patriarchal society wherein they were born and brought up was/is the Bengali society and not in tribal society and there is nothing to show that they were accepted by the tribal society. On the other hand, Deshi, Tripura and Tripura, Tripuri, Tippera tribal community have their own culture, language, social customs, usages and system and they are quite different from each other. According to him in regard to customs, usages, culture, language, marriage, births, deaths, worships, dress, occupation etc. etc. they are not tribal but exclusively Bengalees. He also refers to Dr. Suniti Kumar Chatterjee's "Kirata Jana Kriti"(The Indo-Mongoloids) published by "The Asiatic Society" in 1974 wherein it is stated that the Tipperas in the State of Tripura have still kept up their own Bodo language; and in the Census Report of 1340 T.E. the Census Officer, Soumendra Deb Barma, has written that 'Deshi Tripura' are Bengalees in respect of language, religion, social customs, usage, agriculture, industry, profession, education etc. etc. The learned Advocate General files a comparative table showing the distinctions between the Tripura and Deshi Tripura in respect of socio-economic life, domestication of animals, Rituals, Industries, social structure, marriage, dress, ornaments, succession, death rites, religion and festivals, housing, inter-course and social policy.

16. The learned Advocate General submits, that in view of the provisions of Article 342 and the definition given in Article 366(25) of the Constitution, it is not possible for any one except the Parliament to include or exclude any tribe or tribal community from the list of tribal communities given in the Constitution Scheduled Tribes order and, even if assuming but not admitting that the government tried to include the Laskar community in that list, such inclusion would be entirely invalid and the Government would not be estopped from taking the correct legal position. It has been held in Air India v. Nargesh Meerza, AIR 1981 SC 1829 (para 76), that it is well settled that there can be no estoppel against a statute much less against constitutional provisions. The Notification issued by the President in 1951 and the Acts of 1956 and 1976 did not mention the Laskar community or Deshi Tripura as Scheduled Tribe for the State of Tripura and it is not open to any one to seek for any modification in the Presidential order subsequent to Parliamentary enactments by producing evidence to show that though Tripura, Tripuri, Tippera were alone mentioned in the Presidential order as Scheduled Tribe, Deshi Tripura or Laskar Community was also a part of that Scheduled Tribe and as such to be deemed to be included in that Tribal community. Wherever a caste or Tribe has another name it has invariably been mentioned within brackets after it in the order. It would not, therefore, be open to lead evidence to establish that Laskar community, though not mentioned within brackets, is part of Tripura, Tripuri, Tippera Scheduled Tribe as notified in the Order. In order to determine whether or not a particular community is Scheduled Caste or Scheduled Tribe within the meaning of Article 341 or 342 of the Constitution one has to look at the order issued by the President. The plea that though the Laskar Community is not mentioned with Tripura, Tripuri and Tippera Scheduled Tribe yet they belong to Deshi Tripura which is a Sub-Tribe of Tripura, Tripuri, Tippera cannot legally be accepted. An enquiry of this kind it is submitted, would not be permissible having regard to the provisions contained in Article 342. The notification issued by the President under Article 342 is a result of an elaborate enquiry. This question is, the learned Advocate General submits, out and out a question of law and not even a mixed question of fact and law. Even assuming arguendu that even when a Sub-Tribe is not included in the Presidential Notifications, the said sub-tribe may also be treated as Scheduled Tribe for particular State or Union Territory as the case may be, it would be so provided the custom, usages and culture etc. etc. of that community, are similar to the customs, usages and culture of the Tribe or Tribal community of which such tribe claims to be part and parcel. From this angle also, it is submitted. Laskar Community do never belong to any Scheduled Tribe, though the Laskar Community had been enjoying facilities available to Scheduled Tribe for certain period on the basis of certain memoranda of government of Tripura, those were passed on wrong assumption and inference but not on any valid legal basis. The Laskar community's customs, usages, and culture are purely customs, usages and culture of the Bengali's and as such it cannot claim to be sub-tribe of Tripura, Tripuri or Tippera. An anthropological and historical study of the origin of the Laskar Community also goes to support this contention. This question is purely a question of law and it cannot be said that the enjoyment of certain benefits by the members of the Laskar Community as Scheduled Tribe is repugnant to the Presidential Orders and Parliamentary law. Because of the above factors when the mistake was detected by the Council of Ministers in its meeting on 31-1-1976, it took a decision to the effect that the Laskar Community did not ethnically, linguistically belong to any Scheduled Tribe and, therefore, they should not be issued certificates of Scheduled Tribes etc. The Council of Ministers in their meeting dt. 14-2-1976 and 11-8-1978 endorsed the views already taken in the meeting dt. 31-1-76 and asked the administration to issue instructions accordingly to take up the matter with the Union of India. In this connection the Government of India Ministry of Home Affairs letter No. BC. 12017/ 10/75-SCT/1, 20th Jan., 1976 addressed to the Chief Secretary to the Government of Tripura have been referred to.

34. In Vol. XIII of The Imperial Gazetteer of India' published in 1908 it is said "The Raja claims descent from Druhyu, son of Yayati, of the lunar race. The present District of Tippera was not annexed to the Mugal empire until 1733. The Hill Tippera proper was never assessed to revenue and remained outside the sphere of Muhammadan Administration. Of the population 44 per cent spoken Tippera or Mrung, a dialect of the Bodo family, of which Kachari and Garo were the other most representatives, and 40 per cent, Bengali; many of the remainder spoke languages of the Kuki-Chih group, such as Manipuri and Hallam. Hindus form 69 per cent of the inhabitants, Musalmans 26 per cent, Buddhists 3 per cent, and Animists less than 2 per cent". We further read: "The Tipperas are a Mongolian race, and appear to be identical with the Murungs of Arakan. Outside the State and Tippera District they are found in large numbers only in the Chittagong Hill Tracts. In Hill Tippera they number 76,000, and are divided into Puran or original Tipperas, and Jamatias, the fighting caste. There are two other divisions which are not regarded as true Tipperas; the Nawatias, who are said to have come from Chittagong; and the Riyangs, who are of Kuki origin and were formerly the palki-bearers of the Tippera Rajas". Mr. Kundu has relied on this description.

We are also of the view that no evidence can be led to show that the Deshi Tripura (Laskar) community, as a community, is a Scheduled tribe being part and parcel of the Tripura, Tripuri, Tippera tribe. It would, however, be open for any individual, irrespective of whether he belongs to the Laskar community or not, to adduce evidence to show that he belongs to the Tripura, Tripuri, Tippera tribe. It may be open for the members of the Laskar community, not as a community, to adduce evidence to show that they belong to the Tripura, Tripuri, Tippera tribe though commonly known as Laskar community. But the evidence will not be acceptable to show that the Deshi Tripura (Laskar) community is the same as Tripura, Tripuri, Tippera tribe. We are also of the view that Tripuri' and 'Tippera' are synonyms of Tripura and are not sub-tribes or subgroups thereof. For justifying an individual's claim to have belonged to the Tripura tribe the decision in Wilson Reade (supra) may be helpful. The 'Anglo-Khasi' in common parlance indicated a mixture of blood but that itself was held, not enough to exclude them from their membership of the Khasi tribe, Similarly the Deshi Tripura (Laskar) community may indicate mixture of blood but that by itself may not be enough to exclude its members from the Tripura tribe. The adoption of some Hindu customs may not also be enough to exclude them as throughout India the process of adoption into Hindu hierarchy is common and the Rajamala and the Census Bibarani indicate such a process having taken place among the Scheduled tribes of Tripura. It will depend on the extent of adoption into the Hindu fold on the one hand and abandonment of the tribal heritage, customs and practices on the other. Purity of blood would not be the sole criterion but all the surrounding circumstances shall have to be looked into.