1 Review Petition No.144 of 2009 in writ Petition No.728 of 2008 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD REVIEW PETITION NO.144 OF 2009 IN WRIT PETITION NO.728 OF 2008 WITH CIVIL APPLICATION NOS.9312/2009 & 14881/2009 Vijaykumar s/o Gangadharrao Wasewar, Age 29 years, Occ. Nil, R/o Islapur Sangvi, Taluka Kinwat, District Nanded, presently residing at Shastri Chowk, Krishnanagar, Vardha, District Nanded. ... PETITIONER VERSUS The Scheduled Tribes Caste Certificate Scrutiny Committee, Kasmira Sadan, Station Road, Aurangabad. ... RESPONDENT ..... Mrs. Anjali Dube, Advocate for petitioner Shri P.S. Patil, Advocate for the respondent ..... CORAM : R.M. BORDE & K.U. CHANDIWAL, JJ. DATED : 16th June, 2011. O R D E R (PER K.U. CHANDIWAL, J.) 1. Heard both the learned counsel extensively. Review of the order dated 12.9.2008 in Writ Petition No.728/2008 is sought by the petitioner. 2 Review Petition No.144 of 2009 in writ Petition No.728 of 2008 2. The petitioner asserts to be belonging to Bhil. He submitted his tribe claim before the Scheduled Tribes Caste Certificate Scrutiny Committee (for short the said Committee) along with tribe claim of his sister namely Sangita. The Committee had invalidated tribe claim of the petitioner on 24th July 2007 and also of his sister Sangita. 3. Review of the order in the Writ Petition is sought by Smt. Dube on two counts, (a) Bhil and Naikadi are one and the same, to be a scheduled Tribe and (b) The document illustrate the same and there is other evidence in the form of school leaving certificate showing caste of relatives of petitioners to be Naikada, which corresponds to Bhil. 4. This submission of the learned counsel is not correct as the social status of Bhil, a Scheduled Tribe is at Sr.No.8 and Naikadi is at Sr.No.35. The said list, under the statutory scheme, cannot be permitted tobe disturbed by exercise of judicial powers. In State of Maharashtra Vs. Milind (2001) 1 SCC 4, the Hon’ble Apex Court, in para 15 has stated as under : “15. . . . Courts cannot and should not expand jurisdiction to deal with the question as to whether a particular caste, sub-caste; a group or part of tribe or sub-tribe is included in any of 3 Review Petition No.144 of 2009 in writ Petition No.728 of 2008 the entries mentioned in the Presidential Orders issued under Articles 341 and 342 particularly so when in Clause (2) of the said article, it is expressly stated that the said Orders cannot be amended or varied except by law made by Parliament. The power to include or exclude, amend or alter Presidential Order is expressly and exclusively conferred on and vested with Parliament and that too by making a law in that regard. The President had the benefit of consulting the States through Governors of States which had the means and machinery to find out and recommend as to whether a particular caste or tribe was to be included in the Presidential Order. If the said Orders are to be amended, it is Parliament that is in a better position to know having the means and machinery unlike courts as to why a particular caste or tribe is to be included or excluded by law to be made by Parliament.” The Apex Court has also observed, “The courts must read the lists of the Scheduled Castes and Scheduled Tribes under Articles 341 and 342 read with Articles 366(24) and 25 as they find them and accept their ordinary meaning. Neither the Government nor the judiciary can add or subtract to the list of Scheduled Castes and Scheduled Tribes.” 5. In view of such authoritative pronouncement of the Apex Court, the relief sought by the review petitioner to accept that Bhil and Naikadi is one and the same caste, is difficult to digest. The documents now sought to be produced indeed form place in the earlier round of litigation, same need need not be 4 Review Petition No.144 of 2009 in writ Petition No.728 of 2008 coined to review the order. The review petition lacks merits, dismissed. Consequently, Civil Application Nos.9312/2009 and 14881/2009 disposed of. (K.U. CHANDIWAL, J. ) (R.M. BORDE, J.)