State Of Maharashtra vs Milind & Ors on 28 November, 2000
In this context, it is necessary to refer to the decision of the Constitution bench of the Honourable Supreme Court reported in (State of Maharashtra vs. Milind and others) 2001 1 SCC 4 wherein in para No. 36 (2), the Honourable Supreme Court held that "The Scheduled Tribes Ordermust be read as it is. It is not even permissible to say that a tribe, sub-tribe, part of or group of any tribe or tribal community is synonymous to the one mentioned in the Scheduled Tribes Order if they are not so specifically mentioned in it. In this case, the dispute is whether the petitioner belonged to 'Kurumba' 'Kuruman' or 'Kurumbar' community. The authority to decide the communal status of the petitioner is the State Level Caste Scrutiny Committee constituted by the Government as per the direction of the Honourable Supreme Court. The Committee, after scrutinising the materials on record and after giving personal hearing to the petitioner, held in detail that the community certificate issued in favour of the petitioner certifying that he belonged to 'Kuruman' community is invalid and cancelled it. Therefore, it is not open to thepetitioner to say that there is only a small word different between the communities such as 'Kurumba' 'Kuruman' or 'Kurumbar' community and that the committee failed to take into consideration the report submitted by the Revenue Divisional Officer in his favour. It is neither for the Tribunal or for the Court to interpret the certificate issued in favour of a person certifying that he belonged to a particular community. It is only for the committee to go into the question as to whether a person belonged to a particular community or not and pass orders, which was precisely done in this case.