Calcutta High Court on Monday declined to accept a public interest litigation (PIL) moved by Kurmis for a directive to the Centre for the reinstatement of the community on the Scheduled Tribe (ST) list.

The community has been claiming that it was on the ST list till Independence.

Soon after moving the PIL before a division bench, A.K. Srivastava, the counsel appearing for the community, realised that the case was mistakenly listed as a PIL and pleaded for its transfer to a single bench as a writ petition.

The division bench agreed to transfer the case to a single bench but additional solicitor general (ASG) Ashok Chakrabarty, who appeared for the Centre, argued that high courts had no jurisdiction or authority to direct the Union government to amend the Constitution (ST) Order, 1950.

Chakrabarty also pleaded that approval of the state governor was needed for moving a petition for an amendment to the Constitution.

The division bench declined to issue any order and advised the petitioner to move the case before an appropriate forum.

Kurmis have been agitating for a long demanding an amendment to the Constitution for conferring the ST tag on the community.