ALL TRIPURA BUDDHIST ASSOCITION Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Dismissing the writ petition of the appellant by the learned Single Judge of this Court for declaring members of the Barua community as belonging to Magh community and thereafter directing the respondents to treat such community as Scheduled Tribe, this writ appeal has been filed.

(2.) To appreciate the controversy, we may at the very outset notice the salient features of the case. The appellant is an association under the name and style of "All Tripura Budist Association (Barua Magh community)" formed by members of the Barua community living in Tripura with surnames such as "Barua", "Singha", Talukdar", "Choudhury", "Mutsuddy", "Rajbanshi", etc. The association is registered under the provisions of the Societies Registration Act, 1860 having registration No. 1993 and is formed with the aims and objects of protecting the interest and welfare of Barua community and for preserving their status, etc. The association is represented in this case by its General Secretary and authorized by its regulations.

(3.) Admittedly, members of the Barua community with the surnames noted earlier had been recognized as Scheduled Tribes by the State Government till July, 1987 and were accordingly issued Scheduled Tribes Certificates for availing of the various benefits conferred upon members of Scheduled Tribes of the State. However, the respondent No. 2 by the letter No. R 14079-94/TW/6-33(Vol-II)/78-79 dated 17.7.1987 issued various instructions to the Sub-Divisional Officer, Khowai with copies endorsed to District Magistrates/Collectors of all the Districts, all Sub-Divisional Officers/Block Development Officers in the State, which according to the appellant, has the effect of de-recognizing members of Barua community as Scheduled Tribes. Since this notification is the meat of the matter, the same is reproduced below in extenso:- <FRM>JUDGEMENT_66_GAULT1_2006Html1.htm</FRM>