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2022 Supreme(Cal) 1626

PRAKASH SHRIVASTAVA, RAJARSHI BHARADWAJ
Sk. Jayed Hossain – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Robiul Islam, Mr. Samim Ul Bari, Mr. K.M. Hossain.
For the State : Sk. Md. Galib, Mr. Subhabrata Das.
For the Union of India : Mr. Amarendra Chakraborty.

JUDGMENT :

1. Petitioner claiming himself to be a public spirited person has filed this public interest petition. The grievance raised in the petition is that the respondent authorities are not recognizing ‘Majhi’ community as Scheduled Tribe category and thereby no issuing ST certificate in their favour.

2. Submission of learned Counsel for the petitioner is that the members of ‘Majhi’ community belong to ‘Santhal’ community, therefore, they are entitled for the Scheduled Tribe certificate.

3. The prayer has been opposed by learned Counsel for the respondents submitting that in view of the Presidential Order, the members of ‘Majhi’ community are not entitled to the certificate of ST category.

4. We have heard the learned Counsel for the parties and perused the record.

5. The Constitution (Scheduled Tribe) Order, 1950 issued in exercise of power conferred by clause (1) of Article 342 of the Constitution of India clearly mentions in the Schedule, different tribes in various states, which are covered by the Presidential Order. So far as the State of West Bengal is concerned, ‘Majhi’ is not covered by the Presidential Order but only ‘Santhal’ is covered.

6. It is the settled position i

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