The Calcutta High Court has dismissed a public interest litigation (PIL) seeking the inclusion of a particular community into the Scheduled Tribe list in the State of West Bengal.
The court observed that the petitioners’ prayer sought to include a community as a Scheduled Tribe, which is not within the court’s jurisdiction to grant.
The court relied on the West Bengal Scheduled Castes and Scheduled Tribes (Identification) Act, 1994, which provides a separate procedure for identifying communities as Scheduled Tribes or Scheduled Castes.
The Act requires that any claims for inclusion must be made through the provisions outlined in the Act, rather than through a petition.
The Division Bench of Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya held that it cannot grant directions for the inclusion of a community as a Scheduled Tribe, nor can it direct the state to consider a representation to this effect.
Instead, the aggrieved persons are free to pursue their remedies under the provisions of the West Bengal Scheduled Castes and Scheduled Tribes (Identification) Act, 1994.
The petition was disposed of with no costs, and the parties were directed to comply with all legal formalities to obtain an urgent photostat certified copy of the order, if required.
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