High Court asks state to consider plea of two Santhal brothers for ST status
Kolkata: Setting aside an order of the state rejecting prayer of two Santhal community members to grant them Schedule Tribe (ST) certificates, a vacation bench of Calcutta High Court directed the state to provide an opportunity of hearing to the petitioners as per the mandatory statutory provision under West Bengal Scheduled Castes and Scheduled Tribes (Identification) Rules, 1995.
A vacation Bench of Justice Rai Chattopadhyay was moved by two brothers from the Santhal community who are residents of Purulia. Their father was declared as a ST member by the state in 1991. The brothers challenged the order passed by the Block Development Officer (BDO) rejecting their applications for grant of ST status. The counsel of the petitioners submitted that both the sons applied before the BDO, Hura, Purulia for ST status but their prayer was rejected without following the dictum of the statute as provided under Section 7D of the West Bengal Scheduled Castes and Scheduled Tribes (Identification) Rules, 1995.
The counsel submitted that no hearing was granted to the petitioners by the BDO as per the mandatory statutory provision.
The court observed that there is no material much less sufficient thereof, to suggest that the provisions made under Section 7D of the said Rules has been complied with by the BDO and Sub-Divisional Officer (SDO) while disposing of the prayer of the petitioners for grant of ST status.
In view of such glaring violation of the mandatory statutory provision, the impugned order of the BDO appears to be illegal and not maintainable, the court said. The court set aside the order. The SDO was directed to treat this writ petition as the representation of the writ petitioners and decide about grant of ST status by following the statutory mandate.
The court directed that the petitioners be granted hearing opportunities and the SDO decide upon the issue within four weeks from the date of submission of a copy of the writ petition.
