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1 - 10 of 11 (0.29 seconds)Marri Chandra Shekhar Rao vs Dean, Seth G.S. Medical College And Ors on 2 May, 1990
In Marri Chandra Shekhar Rao v. Dean, Seth G.S. Medical
College2, this Court declared that subject to the law made
by Parliament under sub-section (2) of Section 342, the
tribes or tribal communities or parts of or groups within
tribes or tribal communities specified by the President by a
public notification shall be final for the purpose of the
Constitution. They are the tribes in relation to that State
or Union Territory and that any tribe or tribes or tribal
communities or parts of or groups within such tribe or
tribal communities, not specified therein in relation to
that State, shall not be Scheduled Tribes for the purpose of
the Constitution. The father of one Chandra Shekhar Rao who
hailed from Tenali in Guntur District of Andhra Pradesh is a
Settibalija by caste which is recognised as a backward
class. His father obtained a certificate from the
Tahsildar, Tenali that he belonged to Scheduled Tribe and
had got an appointment in a public undertaking of Bombay.
On the basis of social status certificate obtained by his
father and entries in service record of his father, he
applied for admission into medical
2 (1990) 3 SCC 130: (1990) 14 ATC 671
250
college as Scheduled Tribe. When he was not admitted, he
filed the writ petition in this Court under Article 32
seeking a declaration that Settibalija though was not
declared to be Scheduled Tribe in Maharashtra it was a
Scheduled Tribe for the purpose of the Constitution and that
he was entitled to the admission into the medical college on
the basis of his social status as a Scheduled Tribe. This
Court did not uphold the contention. This Court held that
the declaration by the President by a public notification in
relation to a State in consultation with the Governor of
that State is conclusive and court cannot give such a
declaration.
Action Committee On Issue Of Caste ... vs Union Of India (Uoi) And Anr. on 18 July, 1994
The same view was reiterated by another
Constitution Bench in Action Committee on issue of Caste
Certificate to SCs and STs in the State of Maharashtra v.
Union of India3.
Article 226 in Constitution of India [Constitution]
Article 14 in Constitution of India [Constitution]
Article 32 in Constitution of India [Constitution]
Article 46 in Constitution of India [Constitution]
Article 136 in Constitution of India [Constitution]
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
Subhash Ganpatrao Kabade vs State Of Maharashtra And Ors. on 19 June, 1986
The
Committee, the Additional Commissioner and the High Court
had not appreciated the evidence in proper perspective
before declining to confirm the social status of the
appellants as Scheduled Tribes and the High Court ought to
have gone into these aspects as was done in Subhash
Ganpatrao Kabade casel. it is further contended that Suchita
has completed her final year course of study. Madhuri is in
midway and that, therefore, justice demands that their
education should not be dislocated with the denial of the
social status as Scheduled Tribes. The sheet-anchor for the
counsel's argument is the judgment of the Division Bench of
the Bombay High Court in Subhash Ganpatrao Kabade case'. We
find no force in the contentions.