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Showing contexts for: tribe defined in Aarti D/O. Kishor Bhonde vs The State Of Maharashtra, Thr. The ... on 29 February, 2024Matching Fragments
3. It is the contention of the learned counsel for the petitioner, that the petitioner belongs to "Koli Mahadev Scheduled Tribe as per the entry No. 29 in the aforesaid Presidential Order of the State of Maharashtra, which claim has been rejected by the Scrutiny Committee on the ground that the pre- constitutional document in respect of the ancestors of the petitioner indicates the petitioner belonging to "Koli" and not to "Koli Mahadev", which is recognized as Scheduled Tribe.
4. The learned counsel for the petitioner contends, that all Koli living in Balaghat and Mahadev Hills in the erstwhile Berar Province be considered as belonging to Koli Mahadev Scheduled Tribe. The learned counsel for the petitioner for that purpose relies upon the entry No.25 under Article 366 of the Constitution, which defines "Scheduled Tribes" and so also the report under the title "the tribes and caste of Bombay" by R.E. Enthoven to contend that Koli's are a group which encompasses all those sub-tribes as indicated in the said report (page 180) and therefore, all those persons included in the group would actually be entitled for benefit of reservation, being belonging to the Scheduled Tribes. He also submits, that the word "Koli" is a generic name and therefore, all sub-tribes, which have an association with the word "Koli" would equally be 3 43-4130-23.odt entitled for benefit of reservation under Entry No.29 for the State of Maharashtra under the Presidential Order, 1950, as it stands amended in 1976. He therefore, submits, that the decision by the Scrutiny Committee denying the claim of the petitioner of belonging to the scheduled tribe "Koli Mahadev"