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Judgment
[1] Heard Mr. C. S. Sinha, learned counsel appearing for the petitioners. Also heard Mr. S. Deb, learned senior counsel assisted by Mr. S. C. Das, learned counsel appearing for the respondent No. 9 and Mr. D. Sarma, learned Addl. G.A appearing for the State-respondent.
[2] The petitioner, Mr. Abani Debbarma and others, by way of filing this present writ petition have challenged the caste status of one Gopal Sherpa, the respondent No. 9. The petitioners have prayed for setting aside the order of State Level Scrutiny Committee (SLSC for short) wherein, the committee held that Gopal Sherpa belongs to Scheduled Tribe (Bhutia) Community.
[3] According to the petitioners, respondent No. 9 does not belong to ST community. On the other hand, Mr. Deb, learned senior counsel appearing for the respondent No. 9, has drawn my attention to the order dated 13.08.2015 passed by a Division Bench of this Court for reference, the relevant finding is as under:
"12. We are making it clear that we have not expressed any opinion on the merits as to whether a Sherpa‟ can be part of the Bhutia‟ community or not but in the facts of the present case where the matter has been decided in favour of the petitioner by the State Level Scrutiny Committee and that matter has not been challenged in the appropriate forum, this cannot be reopened as far as the petitioner is concerned."
[4] In view of the above finding, in my opinion, the instant petition filed by the petitioner challenging the caste status certificate of the respondent No. 9 is not at all maintainable. The petitioner has no locus to challenge the caste status of the respondent No.9 in this forum, by means of filing this present writ petition under Article-226 of the Constitution of India. In the judgment and order passed by this Court as aforestated, it is clear that the caste status of the respondent No.9 as is settled by the SLSC of the State cannot be reopened as far as the petitioner is concerned.
[5] It is admitted fact that the decision of the SLSC has not been challenged by anyone in the appropriate forum. Hence, I find no merit in the writ petition wherein, the petitioners have challenged the caste status of the respondent No. 9 being a member of the ST community.
[6] Accordingly, the present petition stands dismissed being devoid of merit. Pending application(s), if any, also stands dismissed.