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IN THE HIGH COURT AT CALCUTTA, CIRCUIT BENCH AT PORT BLAIR
ANIRUDDHA ROY
Nazreen Banu – Appellant
Versus
Andaman and Nicobar Administration – Respondent
| Table of Content |
|---|
| 1. petitioners' status and application for st certificate. (Para 4 , 5 , 8 , 9) |
| 2. reasons for rejection of st certificate. (Para 10 , 11 , 13) |
| 3. legal arguments on unilateral action's validity. (Para 15 , 18) |
| 4. constitutional rights of scheduled tribe individuals. (Para 25 , 26 , 27 , 28 , 29 , 30) |
| 5. executive actions must follow lawful procedures. (Para 34 , 39 , 42) |
| 6. judgment orders issuing st certificate promptly. (Para 43 , 44) |
JUDGMENT :
ANIRUDDHA ROY, J.
1. The last order dated January 21, 2025, as wrongly typed out, should be read as February 21, 2025 in place and stead of January 21, 2025 (as wrongly typed out).
2. This is a hearing of the writ petition upon direction for filing affidavits. Affidavit-in-opposition has been filed by the respondents. Ms. Anjili Nag, learned senior counsel appearing for the petitioners submits that, considering the urgency involved in this matter, her clients shall not file any affidavit-in-reply and shall proceed on the basis of the existing records.
3. This writ petition has been considered previously on several occasions. The last order dated February 21, 2025, as corrected above, speaks for itself showing urgency in the matter.
Unilateral withdrawal of a recommendation for a Scheduled Tribe certificate without due process violates constitutional protections for Scheduled Tribes.
The court emphasized the importance of objective analysis and compliance with legal provisions and precedents in determining the validity of Scheduled Tribe claims.
The probative value of pre-Constitutional documents is superior to subsequent documents, establishing the distinction between 'Halba' and 'Halbi' Scheduled Tribes.
The main legal point established in the judgment is the acceptance of tribe claims based on blood relations, the relevance of pre-Independence documents, the removal of area restrictions, and the cau....
Caste claims must be evaluated with pre-constitutional documents holding greater evidential value, and reliance on affinity tests, which do not definitively establish caste ties, is insufficient for ....
The main legal point established in the judgment is the significance of pre-constitutional documents in establishing the genuineness of caste claims, the removal of area restrictions for Scheduled Tr....
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