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DEVASHIS BARUAH
DIVYANA A. LAHAN (MINOR) – Appellant
Versus
STATE OF ASSAM – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Ms. G. Goswami, the learned counsel appearing on behalf of the petitioners. Also heard Mr. R. Dhar, the learned counsel appearing on behalf of the respondent No. 1 to 7 as well as Mr. K.N. Choudhury, the learned senior counsel assisted by Mr. K.P. Pathak, the learned counsel appearing on behalf of the respondent No. 8.
2. The instant writ petition has been filed by the petitioners challenging the order bearing No. KAV TAD/BC/790/2020/213 dated 29.09.2021 of the State Level Caste Scrutiny Committee, Assam (for short, referred to as “the impugned order”) whereby the State Level Scrutiny Committee (for short “the SLSC”) held that the petitioner No. 1 does not belong to the Scheduled Tribe community of Assam. For deciding the legality and validity of the impugned order, this Court finds it relevant to briefly state the facts leading to the instant writ petition.
3. The Petitioner No. 2 is the mother of the petitioner No. 1 and admittedly belongs to the Miri Tribe which is a recognized Scheduled Tribe (Plains) under the Constitution (Scheduled Tribes) Order, 1950 (for short “Order of 1950”). The petitioner No. 2 was married to one Neelutppal Lahan (si
In inter-caste marriages, offspring’s caste is determined by factual upbringing in the mother’s Scheduled Tribe community, not presumed from the father, and must not be denied due to procedural unfai....
Proper procedure and adherence to guidelines are essential for verifying caste status, and failure to comply can invalidate decisions related to caste certificates.
The court emphasized the necessity for a holistic review in caste verification cases, re-affirming that findings by state committees should not be interfered with unless procedural irregularity exist....
The school records hold primacy in determining caste status, rejecting reliance on ROR as improper, underscoring the need for thorough evaluation of evidence regarding caste claims.
The central legal point established in the judgment is the requirement for a proper and lawful process of caste status verification, in compliance with the directions of the Hon’ble Supreme Court, an....
The burden of proof lies with the claimant to establish caste status, which was not met, leading to the rejection of the claim.
Point of law : Muslim - Caste certificate - significance of affinity test - in the case of the Muslim community there is no practice of mentioning the caste/sub-caste.
The court emphasized the importance of not granting interim orders that practically give the principal relief sought in the petition, and directed the expeditious disposal of the writ petition.
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