The petition thereafter came to be heard by a Full Bench of the Bombay High Court where it was companytended on behalf the respondent herein that she belonged to the Hindu Bawa Nomadic tribe which, according to her, was originally recognised as an Other Backward Class in Sindh, West Pakistan.
1999 1 SCR 315 The Judgment of the Court was delivered by SANTOSH HEGDE, J. The respondent in C.A. No.
The High Court took the view that the members of the Bawa companymunity who migrated from Sindh are deemed to have been included in the reservation list of Nomadic tribes declared as such by the State Govern ment.
After companysidering the various companytentions raised on behalf of the parties and the judgments cited before it, it partly allowed the writ petition.
Therefore, separate Notifications were issued for the State of Bombay as well as State of Sindh.
Even after Par tition of India when refugees from Sindh migrated and settled in various parts of the companyntry including the State of Bombay, the Government of Bombay by Resolution dated 1.11.1950 included the companymunity called Bawa in other backward companymunities.
In the said writ petition, the respondent herein challenged the order of the Caste Scrutiny Committee for short the Committee dated 27.10.1996 and the order of the Additional Commissioner, Konkan Division, Bombay, dated 12.11.1987 wherein the said authorities had held that the respondent was number entitled to claim the benefit of reservation for the Nomadic tribe in the State of Maharashtra.
Thereafter by a Government Resolu tion dated 21.11.1961 issued by the Government of Maharashtra, a list of Nomadic tribes was numberified and as per Schedule II to this Resolution, which deals with Nomadic tribes in Maharashtra, the companymunity Bawa is included with its synonym Bairagi.
The High Court further declared that the Government Resolution dated 1.4.1987 was beyond the executive power of the State.
The High Court also numbericed the fact that in the newly created State of Sindh, a Resolution dated 7.9.1942 was issued including the companymunity Bawa in the list of Other Backward Classes The High Court further stated that in the list of Other Backward Communities, Bawa was included even by the then Government of Bombay vide Resolution dated 23.4.1942.
Strong reliance was placed on an earlier case decided by a Division Bench of the Bombay High Court in the case of Vijay Shrichand Daulatani v. State of Maharashtra Ors.,
According to the High Court, the Entry thereafter came to be amended from time to time and the Entry, as companyrected vide Government Resolution dated 9.12.1977 read with companyrigendum dated 10.4.1978 read as follows Community.
It is stated that prior to the partition of India, Sindh was a part of the then Bombay Presidency and as per the various Government orders of the then Bombay Presidency, Hindu Bawa companymunity of Sindh was recognised as a Nomadic tribe in the entire Presidency.
On factual aspect of the matter, the companyrt took the view that the petitioner will have to establish mutual affinity amongst the tribal company munities specified in the Schedule before appropriate authorities and, accordingly, remanded the matter to the Scrutiny Committee for recon sidering the case on merits.
The said writ petition was initially heard by a Division Bench of the Bombay High Court which referred the same to a larger Bench for disposal in view of some companyflicting judgments on the questions involved.
The companyrt accordingly took the view that if all the Government Resolutions are read together with the historical background, it is clear that in Sindh which was once a part of the Bombay Presidency, the Bawa companymunity was included as a Nomadic tribe in various Government Resolutions issued form time to time.
The respondent further challenged the vires of the Government Resolution dated 1.4.1987 on the ground that it was beyond the executive powers of the State.
2308/89 filed a writ petition in the High Court of Bombay, being W.P. No.
1317/88.
