The Calcutta Excessive Courtroom has dismissed a public curiosity litigation (PIL) in search of the inclusion of a specific group into the Scheduled Tribe record within the State of West Bengal.
The courtroom noticed that the petitioners’ prayer sought to incorporate a group as a Scheduled Tribe, which isn’t inside the courtroom’s jurisdiction to grant.
The courtroom relied on the West Bengal Scheduled Castes and Scheduled Tribes (Identification) Act, 1994, which supplies a separate process for figuring out communities as Scheduled Tribes or Scheduled Castes.
The Act requires that any claims for inclusion should be made by way of the provisions outlined within the Act, somewhat than by way of a petition.
The Division Bench of Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya held that it can not grant instructions for the inclusion of a group as a Scheduled Tribe, nor can it direct the state to contemplate a illustration to this impact.
As an alternative, the aggrieved individuals are free to pursue their cures underneath the provisions of the West Bengal Scheduled Castes and Scheduled Tribes (Identification) Act, 1994.
The petition was disposed of with no prices, and the events have been directed to adjust to all authorized formalities to acquire an pressing photostat licensed copy of the order, if required.
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