High Court Of ChhattisgarhWPC/2008/2015disposed off

Chhattisgarh Machhua Mahasangh Kalyan Samiti v. Union Of India

2016-02-04Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2008 of 2015

1. Chhattisgarh Machhua Mahasangh Kalyan Samiti Reg. No. C. G. State 2577, Through Shri M. R. Nishad, S/o Late B. R. Nishad, Aged About 64 Years, President, Chhattisgarh Machhua Mahasangh Kalyan Samiti R/o Matrachaya, Vrindavan Colony, Jagdalpur, District Bastar, Chhattisgarh 494001.

2. Sukhou Ram Nishad, S/o. Shri Sant Ram Nishad, Aged About 58 Years R/o. Village Mahamand, Post Lalkhadan ( Railway Station), Tehsil & District Bilaspur Chhattisgarh 495004 ---- Petitioners

Versus

1. Union Of India Through Secretary, Ministry Of Tribal Affairs, Ground Floor, D Wing, Shastri Bhawan, New Delhi 110001

2. State Of Chhattisgarh, Through Secretary, Department Of Tribal Welfare, Mantralaya Mahanadi Bhawan New Raipur, District Raipur (Chhattisgarh)

3. Anthropological Survey Of India, Through Director, Anthropological Survey Of India, Head Office, 27 Jawaharlal Nehru Road, Kolkata, 700016 ( West Bengal)

4. National Commission For Scheduled Tribe, Through Secretary, National Commission For Scheduled Tribe, 6th Floor, B Wing, Loknayak Bhawan, Khan Market, New Delhi 110003

5. Chhattisgarh State Scheduled Tribe Commission, Through Secretary, Chhattisgarh State Scheduled Tribe Commission, 61 Jal Vihar Colony, Raipur, 492001 District Raipur (Chhattisgarh) ---- Respondents For Petitioners :

Shri Pawan Kesharwani, Advocate For Respondent No.1 :

Shri Rajkumar Gupta, Advocate For Respondent/State :

Shri Ramakant Mishra, Dy.A.G.

For Respondent No.5 :

Ms. Pushpa Dwivedi, Advocate S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board

04/02/2016 Heard.

This petition has been filed by the petitioners seeking issuance of direction for inclusion of certain community as Scheduled Tribe. It is submitted that on the basis of the historical origin and social status of Manjhi, they are entitled to be included in the list of Scheduled Tribe.

A direction for inclusion or exclusion cannot be issued by the writ Court in such matters. It is for the respondents to consider the matter at their own level. It is stated that certain representations are pending. Such representations may be considered by the respondents in their own perspective. The petition is accordingly finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Praveen