The cancellation of scheduled tribe certificates must adhere to the procedural requirements laid down in the West Bengal Schedule Castes and Schedule Tribes (Identification) Act, 1994, including the mandatory referral to the State Scrutiny Committee.

JUDGMENT

1. The present challenge is against an order bearing no.16 dated November 26, 2018 passed by the Sub-Divisional Officer, Kakdwip, cancelling the schedule tribes certificate awarded to the present writ petitioners.

2. Learned counsel for the petitioners argues on the strength of a decision reported at AIR 1995 SC 94 (Kumari Madhuri Patil and another vs. Addl. Commissioner, Tribal Development and others) that the procedure to be followed in awarding and cancelling such certificates was laid down in the said judgment. A detailed consideration of the customary beliefs and practices as well as the inhabitants of intractable terran regions of the country who were kept away from the mainstream of national life and with their traditional moorings were to be taken into consideration in ascertaining whether a person belongs to the schedule tribes. Detailed guidelines were laid down in the said judgment as to how such certificates should be issued or cancelled and the several considerations which were to be taken into account before arriving at a decision as to the social status of the concerned person vis--vis his/her claim to be a member of the tribe or tribal community.

3. It is argued by learned counsel for the petitioner that the petitioner is a member of the Bagti' community, which is a subgroup under the Bhumij/Munda tribal community and as such the scheduled tribe certificate was rightly granted in favour of the petitioners. In support of such contentions, learned counsel further submits that there are textual authorities which are of the opinion that the Bagti community, as distinct from the Bagdi community, is a sub-community under the Munda tribe.

4. Learned counsel further points out that, by a cryptic order, the scheduled tribe certificate issued to the petitioners was cancelled by the Sub-Divisional Officer, thereby violating the specific provisions under Section 8A of the West Bengal Schedule Castes and Schedule Tribes (Identification) Act, 1994. It is submitted that the order of cancellation is vitiated on that score as well. Learned counsel for the petitioners also relies on a judgment reported at (2007) 12 SCC 796 (GM, Indian Bank vs. R. Rani and another) wherein it was held that the judgment of Madhuri Patil (supra) laid down guidelines or law, which were to be given effect to and were not merely directory or persuasive in nature.

5. Learned counsel appearing for the State-respondents submits that a reference ought to be made to the State Scrutiny Committee under Section 8A of the 1994 Act and the cancellation of the certificate directly by the Sub-Divisional Officer without seeking a report from such Committee was apparently illegal.

6. Learned counsel appearing for the private respondent no.9 submits that a detailed enquiry was held and the matter was referred by previous orders of the Sub-Divisional Officer to the Cultural Research Institute, Backward Class Welfare Department, Government of West Bengal, on the basis of the report furnished by which authority, the scheduled tribe certificate was cancelled.

7. Learned counsel for the private respondent no.9 seeks to file an affidavit in opposition at this juncture. However, such prayer is refused in view of the fact that previously the matter had been fixed today for hearing of the writ petition itself along with stay application and a direction had been given by a co-ordinate Bench for filing an affidavit in opposition within two weeks from the date of such order as long back as on December 17, 2018, which opportunity cannot be reopened for the private respondent at this mature juncture, particularly in view of no copy of such affidavit in opposition having been served on the respondents even till today.

8. Learned counsel for the private respondent seeks to impress upon this Court that the petitioners themselves made an application seeking to be classified under the schedule castes category and as such their scheduled tribe classification ought to go on that