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GAHC010017652021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/611/2021 GAURAV CHAUHAN S/O- JAGODISH CHAUHAN (NUNIA), R/O- VILL- GHUNGOOR, SILCHAR, P.O. NIT, DIST.- CACHAR, PIN- 788010, ASSAM VERSUS THE STATE OF ASSAM AND 8 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPTT., DISPUR, GHY-06, DIST.- KAMRUP (M), ASSAM
2:THE DIRECTOR OF MEDICAL EDUCATION ASSAM SIX MILE GHY-22 DIST.- KAMRUP (M)
ASSAM
3:THE COMM. AND SECY.
GOVT. OF ASSAM WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES DEPTT.
DISPUR GHY-06 DIST.- KAMRUP (M)
ASSAM
4:THE DIRECTOR TEA TRIBES WELFARE GOVT. OF SSAM RUPNAGAR GHY-32 DIST.- KAMRUP (M)
ASSAM
5:THE DY. COMMISSIONER SONITPUR P.O. TEZPUR PIN- 784001 DIST.- CACHAR ASSAM
6:THE PRINCIPAL REGIONAL DENTAL COLLEGE GHY PIN-
DIST.- KAMRUP (M)
ASSAM
7:ASSAM TEA TRIBES STUDENTS ASSOCIATION HAVING ITS OFFICE AT ASSAM TEA TRIBE COLLEGE STUDENTS HOSTEL GANESHGURI GHY-06 ASSAM AND REP. BY ITS PRESIDENT DHIRAJ GOWALA
8:DHIRAJ GOWALA PRESENTLY SERVING AS THE PRESIDENT OF ASSAM TEA TRIBES STUDENTS ASSOCIATION HAVING ITS OFFICE AT ASSAM TEA TRIBE COLLEGE STUDENTS HOSTEL GANESHGURI GHY-06 ASSAM
9:PROBAN BEDIA PRESENTLY SERVING AS THE SECY. OF ASSAM TEA TRIBES STUDENTS ASSOCIATION HAVING ITS OFFICE AT ASSAM TEA TRIBE COLLEGE STUDENTS HOSTEL GANESHGURI GHY-06 ASSAM
10:RAJNISH KURMI S/O- MANJIT KURMI C/O- PRINCIPAL REGIONAL DENTAL COLLEGE GHY- 32 Advocate for the Petitioner : MR. P N GOSWAMI Advocate for the Respondent : SC, HEALTH BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
['P N GOSWAMI', '', 'G N SAHEWALLA', 'JUNM LASKAR', 'R MAJUMDAR', 'K P PATHAK', 'SC', 'HEALTH', '', 'WPT AND BC', 'SR GA', 'ASSAM']
ORDER
15.12.2021 Date :
Heard Mr. G.N. Sahewalla, learned senior counsel assisted by Mr.
J.U.N.M. Laskar, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned standing counsel for the respondent nos.1, 2 and 6, Mr. R. Dhar, learned standing counsel for the respondent no.3 and Mrs. D.B. Barman, learned Additional Senior Govt. Advocate appearing for the respondent nos.4 and 5.
2. It is seen from the office note dated 18.02.2021 that notice on respondent nos.7 to 10 was sent by registered post with A/D and as neither A/D card nor unserved notice has been returned, applying provisions of Section 27 of the General Clauses Act, the presumption of service is drawn. None appears on call for the said respondents.
3. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, who is an OBC of Tea Garden/Ex-Tea Garden Community has prayed for setting aside the impugned order dated 22.01.2021 issued by the respondent no.4, thereby rejecting the claim of the petitioner of belonging to Ex-Tea Garden Labourer category. As a consequence, the admission of the petitioner into the first year MBBS/BDS course at the Govt. Medical College and Dental Colleges of Assam was cancelled vide order dated 25.01.2021 issued by the respondent no.2. It is projected in this writ petition that the order of holding that the petitioner was not a member of Ex-Tea Garden Labourer category and the cancellation of medical admission were passed behind the back without giving opportunity to the petitioner to respond.
4. The learned standing counsel for the WPT&BC Department and APTDC has produced a copy of instruction dated 09.12.2021, enclosing therein a speaking order bearing memo No.TAD/BC/521/2021/175 dated 08.12.2021 issued by the State Level Scrutiny Committee by virtue of which, after examining the material available on record, it was held that the petitioner belonged to Ex-Tea Garden Labour Community, and consequently it was held that the petitioner as well as some others whose names are mentioned therein are eligible to be issued OBC/MOBC certificates as per Office Memorandum No.ABP.338/83/14 dated 04.01.1984. The said communication as well as the speaking order dated 08.12.2021 is retained as a part of record.
5. It is observed from the ratio laid down in the case of Kumari Madhuri Patil Vs. Addl. Commissioner, (1994) 6 SCC 241 that the Caste Scrutiny Committee is the competent authority to take a decision on the validity of the caste/tribe certificate and having noted the hereinbefore referred speaking order dated 08.12.2021, by which the petitioner is found eligible to be issued OBC certificate for belonging to Ex-Tea Garden Labourer Category was passed by the State Level Scrutiny Committee constituted of Chairperson, Member Secretary and four other members.
6. Accordingly, the writ petition stand disposed of with a direction to the respondent authorities to take note of the said speaking order bearing No.TAD/BC/521/2021/175 dated 08.12.2021 by the State Level Scrutiny Committee under the WPT&BC Department and accordingly, the OBC certificate of the petitioner belonging to Ex-Tea Garden Labourer community shall henceforth be accepted as a valid certificate in respect of the petitioner.
7. The petitioner shall take admission in the MBBS/BDS course in the current academic year in view of the decision laid down by the Supreme Court of India in the case of Dolly Chhanda Vs. Chairman, JEE, (2005) 9 SCC 779.
8. The petitioner shall be allowed submit a certified copy of the order before the Director of Medical Education (respondent no.2).
9. Writ petition stands allowed to the extent as indicated above.
