JUDGMENT :

ACHINTYA MALLA BUJOR BARUA, J.

1. Heard Ms. C. Newme, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned counsel for the authorities under the Tribal Affairs (Plains) Department of Government of Assam, Mr. B. Gogoi, learned counsel for the authorities under the Health and Family Welfare Department including the Medical Education Department and Mr. P. Saikia, learned counsel for the authorities under the Deputy Commissioner, Baksa.

2. The petitioner Dribbleena Sarania is an intending candidate for admission into the 1st Year MBBS Course for the year 2023 and seeks for an admission under the reserved category of Scheduled Tribes (Plains) [in short ST(P)]. For the purpose, the petitioner relies upon a certificate issued by the All Assam Tribal Sangha, Tamulpur District Unit dated 26.03.2013, wherein it is certified that Dribbleena Sarania daughter of Khargeswar Sarania of village Bhakatpara in the Baksa district belongs to ST(P) being a member of Bodo Kachari community. It is taken note that Bodo Kachari community is enlisted under the Constitution (Scheduled Tribes) Order 1950 to be one of the recognized Scheduled Tribes in the State of Assam. The Certificate dated 26.03.2013 is signed by the Vice President of Tamulpur District Tribal Sangha and is also countersigned by the Sub-Divisional Officer (Civil) Tamulpur. The petitioner relies upon another certificate dated 03.07.2023 which is also issued under the signature of Vice President of Tamulpur District Tribal Sangha and countersigned by the Sub- Divisional Officer (Civil) Tamulpur and also contains the information that the petitioner Dribbleena Sarania is the daughter of Khargeswar Sarania of village Bhakatpara in the Baksa district and belongs to the Bodo Kachari community

3. But the certificate dated 03.07.2023 certifying that the petitioner Dribbleena Sarania belongs to the Bodo Kachari community had been verbally withdrawn by the Additional Deputy Commissioner Tamulpur and being aggrieved this writ petition is instituted. When the writ petition was moved, by the order dated 25.07.2023, the petitioner was allowed to upload the caste certificates dated 26.03.2013 and 03.07.2023 for the purpose of admission into the 1st Year MBBS Course and accordingly, it is stated that the petitioner has been given a provisional admission.

4. We also take note that as per the judgment of the Hon’ble Supreme Court rendered in Mridul Dhar vs. Union of India, (2005) 2 SCC 65, a finality as regards admission to the 1st Year MBBS Course would have to be made on or before the 30th of every year and consequently for the present year it would be 30.09.2023. As the petitioner has been given a provisional admission pursuant to the interim order of the Court, there is also a necessity that a final order be also passed in this writ petition or else the provisional admission would become a final admission after 30.09.2023.

5. In the circumstance, as the certificate of the petitioner dated 03.07.2023 had been verbally withdrawn by the Additional Deputy Commissioner Tamulpur, we required the both the Additional Deputy Commissioner Tamulpur as well as the Vice President of Tamulpur District Tribal Sangha who had issued the certificate to remain personally present before the Court and accordingly, they were present. The Additional Deputy Commissioner Tamulpur had made a statement before the Court that in spite of making all the enquires at the field level including visiting the family of the petitioner as well as the other families of village Bhakatpara, who are also using the surname Sarania, no material could be found that the petitioner who is using the surname Sarania do actually belong to the Bodo Kachari community.

6. Mr. M Sarania, learned counsel who appeared for the petitioner before the Court on 28.09.2023 earnestly argued by producing relevant materials that a person with another surname which ordinarily may not lead to a conclusion that the person belongs to the Scheduled C