Adhikari had moved the court appealing against a March 28 order of the Calcutta High Court that had refused to entertain his plea. In his plea, Adhikari had argued before the high court that the current population figure of the SCs and STs in the state should be arrived at based on the household survey, as was the case for other backward classes (OBCs). He had argued that there could not have been two separate yardsticks.