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Judgment
Heard Mr. R. Kar, learned counsel for the petitioner and Mr. K.P. Bhattacharjee, learned GA for the State respondent No. 4.
The brief fact of the petitioner''s case in a nutshell is that:
The Petitioner is a member of Dalu community a small tribe of Meghalaya and as such their status as a tribal is recognized by the
Garo Hills Autonomous District Council. Though they are tribals their names were not included in the list of schedule tribe as
described in the Constitution (Scheduled Caste and Scheduled Tribe Order), 1956 as amended upto date and as a result they were
not entitled to Scheduled Tribe Certificate and in consequence of which they are deprived of many of the benefits available to the
Scheduled Tribes particularly in their right for education, service and some other matter which is enshrined in the Constitution.
After long persuasion the case of the Petitioner''s community was recommended for the purpose of conferment of the Scheduled
Tribe status by the Government of Meghalaya who recommended the Central Government for taking appropriate step into the
matter. Despite the said communication the claim of the Petitioner''s community for conferment of Scheduled Tribe status remained
unattended. The Cabinet committee constituted by the Government for the purpose of deletion/inclusion another modification by
observing certain modalities. The case of the Petitioner is that in deciding the claim of the Petitioner''s Tribe the said modalities were
not observed. However, vide notification dated 19.09.2003 the list of other minor tribes of Meghalaya were included like Boro,
Koch, etc. The Petitioner states that their community is the utmost backward tribe in comparison to those other communities but in
spite of that their names has not been included in the list of the Scheduled Tribes. Thus disentitling them to receive various
grant/opportunities meant for the Scheduled Tribes. The Petitioner feel that she and her community is a victim of hostile discrimination
and hence filed this instant Writ Petition under Article 226 of the Constitution of India before this Hon''ble Court for directing the
Respondents to abide by the modalities framed by them and to pass appropriate order thereafter.
The learned State counsel for the respondent No. 4 submits that this matter has already been taken care of by the Government. Initially, the
name of Dalu community was sent to the Ministry of Home Affairs and then realized that they should be forwarded to the concerned Ministry of
Tribal Affairs and the same is under process. If it is so, I am of the view that there survives nothing to redress further. The Government is directed
to complete the process within 2(two) months from the date of receipt of this judgment and order.
With this observation and direction the writ petition is allowed to that extent and stands disposed of.