AIR 1967 MYSORE 182

Mysore High Court

Hon'ble Judge(s): G. K. Govinda Bhat , J

(A) Constitution (Scheduled Tribes) Order (1950) , Part VIII Para.2 Entry 13— "Naikda or Nayaka" mentioned in Order does not include 'Bedar'. Constitution of India , Art.342— 'Naikda' is a distinct primitive tribe inhabiting Gujarat and West Khandesh area of the erstwhile Bombay State and Bedar is distinct @page-Mys183 and separate from 'Naikda or Nayaka' tribe specified in the Schedule. Held that the respondents were members of the Bedar caste and not members of the scheduled tribe specified in Entry 13.(Para 33 34) (B) Constitution of India , Art.342, Art.341— Constitution (Scheduled Tribes) Order (1950) , — Art.342 is in pari materia with Art.341 - Principles governing scope of enquiry under Art.342. In order to determine whether or not a particular caste is a scheduled caste within the meaning of Art. 341, one has to look at the published notification issued by the President and it would not be open to any person to lead evidence to establish that any particular caste not specified in the Order is a part of the Caste notified in the Order. Art. 342 is in pari materia with Art. 341 and the same principles ought to govern the scope of enquiry in relation to the....