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.

JUDGMENT

1. Common question of law and facts is involved in all these writ petitions, filed under Article 226 of the Constitution of India and on the prayer of learned counsel of both sides, all the writ petitions were taken up together and were heard analogously and this common judgment shall govern all the cases. Since all the petitioners are full-blooded brothers and sister and the impugned orders in these writ petitions are related to cancellation of their caste status certificates followed by termination of their services, for the sake of convenience and for ends of justice, WP(C) No.461 of 2021 is taken up as lead case.

2. Heard Mr. Somik Deb, learned senior counsel, assisted by Mr. K. Debnath and Mr. Abir Baran, learned counsels appearing for the petitioners and Mr. Mangal Debbarma, learned Addl. G.A. appearing for the respondents.

3. By way of filing these writ petitions under Article 226 of the Constitution of India, the petitioners have sought for the following relief(s) [WP(C) No.461 of 2021]:

(i) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a writ of Certeori and/or in the nature thereof, shall not be issued, quashing/setting aside the impugned Orders dated 19.10.2016, 29.11.2016 & 15.05.2021(Annexures-15, 16 & 23 respectively supra);

(ii) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a Writ of Mandamus and/or in the nature thereof, shall not be issued, mandating/commending them, to forthwith revoke/rescind the impugned Orders dated 19.10.2016, 29.11.2016 & 15.05.2021 (Annexures-15, 16 & 23 respectively supra), and thereupon, forthwith restore the Scheduled Caste Certificate of the petitioner, and re-instate her in service, with all admissible consequential benefits;

(iii) Call for the records, appertaining to this writ petition;

(iv) After hearing the parties, be pleased to make the Rule absolute in terms of (i) & (ii) above;

(v) Costs of and incidental to this proceeding;

(vi) Any other Relief(s) as to this Hon'ble High Court may deem fit and proper;'

4. A short factual panorama, sans unnecessary details, of the present writ petitions, is recapitulated.

5. The father of the petitioner, namely, Monoranjan Sarkar(now deceased) was originally a resident of Comilla District of the erstwhile East Pakistan(now Bangladesh) and he belonged to 'Namasudra' Community. In the year 1962 he migrated to the State of Tripura and got settled in South Tripura District(now Gomati District), Tripura.

5.1. In the year 1981, the petitioner of WP(C) No.461 of 2021, Smt. Pratima Sarkar was admitted in Bara Bhaiya S.B. School at Class-I and in the admission register the caste status of the petitioner was declared and recorded as 'Scheduled Caste?. On her passing Madhyamik examination in the year 1997, she was appointed to the post of Under Graduate Teacher under the Directorate of Elementary Education, Government of Tripura against the quota, reserved for the Scheduled Caste community.

5.2. The petitioner of WP(C) No.462 of 2021, Sri Gouranga Chandra Sarkar was born on 05.01.1969 and subsequently got admitted to Bara Bhaiya S.B. School at Class-I and in the admission register of the said school the name of the petitioner was recorded as a student, belonging to the 'Scheduled Caste' community. Thereafter, the petitioner was admitted in Kirit Bikram Institution, Udaipur at Class-VII wherein also his caste status was recorded as 'Scheduled Caste' and from that school he passed Madhyamik and Higher Secondary examinations in the year 1986 and 1989 respectively. After passing Higher Secondary examination he got admitted to MBB College, Agartala in the year 1989 wherein also his caste status was recorded as 'Scheduled Caste' and from that college he completed his B.Sc.(Hons.) course. Thereafter, he was selected for one year training in fisheries under the Inland Fisheries Training Centre at Barackpur, West Bengal as a 'Scheduled Caste' candidate. After successful completion o