The Calcutta High Court dismissed as withdrawn a Public Interest Litigation (PIL) filed seeking direction to the Union of India to correct by including Kudmi Community under the Constitution (Schedule Tribes) Order 1950. The Advocate appearing for the petitioner submitted that the petitioner is not a third party but is claiming to be the proposed beneficiaries.
The Division Bench of Chief Justice T. S. Sivagnanam and Justice Hrranmay Bhattacharyya prima facie of the view that such relief is not maintainable in a petition.
Technically, this petition should not have been classified as public interest litigation as rightly pointed by the Additional Solicitor General , the Court said.
Since the writ petition was presented as public interest litigation as could be seen from the presentation form, the Registry has entertained the same as public interest litigation. In any event, since the advocate for the petitioner states that the petitioner can be termed to be the proposed beneficiary, the Bench granted liberty to the petitioner to withdraw the petition and approach the appropriate forum.
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