Chaini Bhuyan v. The State of Assam and 8 Ors

ORDER Date : 19-10-2023 Heard Mr. P. Mahanta, learned counsel for the appellant. Also heard Mr. D. Saikia, learned Advocate General, Assam; Mr. R. Dhar, learned standing counsel, WPT & BC Department and Ms. J. Gogoi, learned Page No.# 3/4 standing counsel, Social Justice and Empowerment Department appearing for the respective respondents. We have also perused the material available on record. The appellant was provisionally admitted in the 1st Year MBBS Course against the seat reserved for Tea Garden Labourer/Ex-Tea Garden Labourer (TGL/Ex-TGL) category. However, her result was withheld. The appellant approached the learned Single Bench of this Court by filing WP(C) No.5340/2023, wherein an exercise of re-verification of the caste certificates held by the appellant and all other candidates, who applied under the TGL/Ex-TGL category, was directed. During this exercise, the caste certificate held by the appellant could not be verified and she faced ouster from the course. However, the appellant's admission to the course has been saved by virtue of the interim order dated 29.09.2023 passed in this writ appeal. By a common order passed today in a bunch of appeals involving similar controversies led by Writ Appeal No.390/2023, the impugned order passed by the learned Single Judge has been reversed. The report of the State Level Caste Scrutiny Committee dated 26.09.2023, as per which the OBC, TGL/Ex-TGL certificate held by the appellant was declared as not verified, is quashed qua the appellant herein and the interim order dated 29.09.2023, is made absolute. However, the caste certificate of the appellant shall be verified by the State Level Caste Scrutiny Committee strictly in accordance with the guidelines laid down by the Hon'ble Supreme Court in the case of Kumari Madhuri Patil & Anr. -Vs-Additional Commissioner, Tribal Development & Page No.# 4/4 Ors., reported in (1994) 6 SCC 241. The appellant will give an undertaking that in the event of her certificate not being found valid in the verification/re-verification process undertaken by the State Level Caste Scrutiny Committee, she would lose her seat in the reserved category. However, in such an eventuality, the appellant shall be given one chance to avail suitable legal remedy against the adverse report/opinion of the State Level Caste Scrutiny Committee, if so required. The writ appeal is allowed accordingly.

JUDGE CHIEF

JUSTICE Comparing Assistant

PageoNo.#o1/4 GAHC010242902023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooWA/380/2023 CHAINIoBHUYAN D/O-oSRIoBIBEKoBHUYAN oR/O-oVILLAGE-oBAMUNGAON oP.O.-oCHAKOLAGHAT oP.S.-oJAJORI oDISTRICT-oNAGAON oASSAM. oVERSUS THEoSTATEoOFoASSAMoANDo8oORS REPoBYoTHEoADDITIONALoCHIEFoSECRETARY oTOoTHEoGOVERNMENToOFoASSAM oDISPUR oGUWAHATI-o781006. 2:THEoSECRETARY oWELFAREoOFoPLAINoTRIBESoANDoBACKWARDoCASTEoDEPARTMENT oGOVT.oOFoASSAM DISPUR,oGUWAHATI-o781006. o3:THEoSTATEoLEVELoCASTEoSCRUTINYoCOMMITTEE REPRESENTEDoBYoITSoCHAIRMANoCUMoSECRETARY WELFAREoOFoPLAINoTRIBESoANDoBACKWARDoCASTEoDEPARTMENT GOVERNMENToOFoASSAM,DISPUR oGUWAHATI-o781006. o4:THEoDIRECTORoOFoMEDICALoEDUCAITON OFFICEoOFoTHEoMEDICALoEDUCATION,oASSAM SIXoMILE,oKHANAPARA oGUWAHATI-o781022. Page No.# 2/4 5:THE DIRECTOR TEA TRIBES WELFARE, ASSAM RUPNAGAR, GUWAHATI- 781032. 6:THE DISTRICT COMMISSIONER, NAGAON P.O. AND DISTRICT- NAGAON, ASSAM PIN- 782001. 7:THE ADDITINAL DISTRICT COMMISSIONER, NAGAON P.O. AND DISTRICT- NAGAON, ASSAM PIN- 782001. 8:THE PRINCIPAL ASSAM MEDICAL COLLEGE AND HOSPITAL,DIBRUGARH P.O. AND DISTRICT- DIBRUGARH,ASSAM PIN- 782001. 9:THE ASSAM TEA TRIBES STUDENTS ASSOCIATION (CENTRAL COMMITTEE) REPRESENTED BY ITS GENERAL SECRETARY JAGDISH BARIK ASSAM TEA TRIBE COLLEGE STUDENTS HOSTEL GANESHGURI CHARIALI, GUWAHATI- 781006. For the Appellant : Mr. P. Mahanta, Advocate. Mr. R.B. Gohain, Advocate. For the Respondents : Mr. D. Saikia, Advocate General, Assam, assisted by Mr. B. Gogoi, Standing Counsel, Health Department and Ms. R.B. Bora, Junior Government Advocate, Assam. : Mr. R. Dhar, Standing Counsel, WPT & BC Department. : Ms. J. Gogoi, Standing Counsel, Social Justice and Empowerment Department. – B E F O R E – HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE KARDAK ETE