The court's decision was based on the principle that matters related to minority status should be addressed through the National Commission for Minorities.

JUDGMENT :

Mohammad Yaqoob Mir, J.

By medium of this petition, petitioners have prayed for the following relief:-

"(a) A writ in the nature of mandamus directing the respondents to declare the persons professing Niam Khasi and Niam Tre indigenous religious faiths in the State of Meghalaya as religious minority.

(b) A writ in the nature of mandamus directing the respondents to extend the rights, entitlements and benefits under the various laws and also various Central Government and State Government Schemes meant for benefit of minority communities to persons professing Niam Khasi and Niam Tre indigenous religious faiths in the State of Meghalaya."

2. Confronted with the maintainability of this petition, learned counsel for the petitioners earlier sought time but today when matter is taken up, learned counsel for the petitioners with all fairness stated that the matter is required to be taken up with the National Commission for Minorities as similar issues were raised before the Honble Apex Court in the case of "Ashwini Kumar Upadhyay v. Union of India & anr". The Honble Apex Court vide order dated 11.02.2019 passed thereon has observed as under:-

"Instead of entertaining the present writ petition, we are of the view that at this stage the National Commission for Minorities should be asked to consider the representation dated 17th November, 2017 filed by the petitioner (Annexure P-2 to the writ petition) and pass appropriate orders thereon. The Court would expect the National Commission for Minorities to take decision in the matter as early as possible, preferably within a period of three months from today. Once the said exercise is completed, the petitioner will be free to avail such remedies as available to him in law.

With the aforesaid observation, the writ petition stands disposed of."

3. Earlier learned counsel for the respondents had produced copy of the order passed in WP (C) No.489 of 2016 by the Hon’ble Apex Court wherein it has been observed as under:-

"It needs no special emphasis to state that this Court cannot direct the State to bring a legislation."

Finally, it has been opined as under:-

"Grievance made in the petition stands mitigated for the present."

In short, parties were left to take up the matter before the appropriate authorities.

4. In view of the stated position, learned counsel for the petitioners submits that the petition may be dismissed as withdrawn reserving the rights to the petitioners to avail other remedies i.e. laying an appropriate motion/representation before the National Commission for Minorities.

5. As prayed for, petition is dismissed as withdrawn.