LAWS(TRIP)-2014-6-5

SHAKTIDHIR BARUA, WEST TRIPURA Vs. STATE OF TRIPURA

Decided On June 04, 2014
Shaktidhir Barua, West Tripura Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) HEARD Mr. C.S. Sinha, learned counsel appearing for the petitioners as well as Mr. T.D. Majumder, learned Govt. Advocate and Mr. D.C. Nath, learned counsel appearing for the respondents.

(2.) ALL the writ petitions, being W.P.(C) No.44/2008, W.P.(C) No.45/2008, W.P.(C) No.46/2008, W.P.(C) No.52/2008, W.P.(C) No.53/2008 and W.P.(C) No.54/2008 are taken up together for disposal for the simple reason that a common question, whether the petitioners, belonging to the Barua Community, can be treated as the members of the Scheduled Tribe Community or not.

(3.) THOUGH the petitioner -All Tripura Buddhist Association (Barua Mog Community) had approached the apex court by filing Civil Appeal No.640/2006, but the apex court on dismissing the said appeal has confirmed the said judgment dated 05.10.2005 passed in W.A. No.123/2002 by the Gauhti High Court. Thus, the matter has been settled for ever. By way of clarification, it has been provided that the petitioners who were issued with the Scheduled Tribe Certificates and availed the benefits of reservation in terms of such Certificates shall not be affected by the said judgment.