O R D E R

07.03.2022 Heard Mr. D Das, learned senior counsel for the petitioner, Mr. Girin Pegu, learned counsel for the respondents No. 1, 6 and 7 respectively being the Chief Secretary of the State of Assam and the Deputy Commissioner, kamrup and the Deputy Commissioner, Nalbari, Mr. R Dhar, learned counsel for the respondent No. 2 being the authorities in the WPT&BC Department, Mr. B Gogoi, learned counsel for the respondents No. 3 and 4 being the authorities in the Health and Family Welfare Department (B), Government of Assam and Mr. P Saikia, learned counsel for the respondent No. 5 being the authorities in the Tea Tribes Welfare Department of the Government of Assam.

2. The petitioner is a candidate seeking admission to the first year MBBS Course under the Director of Medical Education, Assam under the quota for ex- TGL. The relevant certificate dated 02.03.2021 of the petitioner, on which basis he claims to be belonging to the ex-TGL community, had been signed by all the authorities, except by the Director of Tea Tribes Welfare, Assam. In the circumstance, there is an issue before the Director of Medical Education, Assam as to whether to admit the petitioner to the first year MBBS Course under the ex-TGL quota on the basis of such certificate.

3. Mr. P Saikia, learned counsel for the Director, Tea Tribes Welfare, Assam states that there is a complaint by the Assam Tea Tribes Students Association and the Assam Tea and Ex-Tea Tribes, Jalfa Samaj raising an objection that the petitioner in fact does not belong to the ex-TGL Community. It is stated that under the circumstance, the Director is unable to counter sign the said certificate of the petitioner.

4. We have taken note that the last date of admission to the first year MBBS Course is 20.03.2022. In the circumstance, there is an urgency for a decision on the question as to whether the petitioner do actually belong to the ex-TGL Community.

5. A submission is made by Mr. D Das, learned senior counsel for the petitioner that as the counselling would take place on 07.03.2022 and 08.03.2022, the petitioner may be entertained in such counselling and be provisionally admitted subject to the outcome of the decision as to whether he actually do belong to the ex-TGL Community.

6. The said proposition is otherwise a fair proposition. But we also have to take note that if the petitioner is provisionally admitted, one person in the order of merit who otherwise would have been admitted would be deprived. In the circumstance, we are unable to accept that the balance of convenience is in favour of the petitioner for such a direction to be provisionally admitted, more so, as the next candidate in order of merit may suffer an irreparable loss.

7. In the circumstance, the only manner in which the dispute raised can be mitigated is that the matter would be taken up by the State Level Scrutiny Committee for caste verification through its Chairman. The Chairman shall convey a meeting of the Committee on 08.03.2022 and embark on the enquiry as to whether the petitioner do actually belongs to the ex-TGL community. For the purpose, instead of going by the usual procedure of obtaining enquiry reports from different authorities down the line, we require the Committee to straight away enquire as to which family of which village the petitioner actually belongs to and thereafter make an enquiry as to whether the said family of the concerned village is included in the ex-TGL Community. If yes, the determination may be accordingly made and if no, a reasoned order be passed thereon.

8. The decision be rendered by the State Level Scrutiny Committee on or before 15.03.2022. On 15.03.2022, the State Level Scrutiny Committee shall render its decision as to whether the petitioner belongs to the ex-TGL Community and thereafter transmit the said decision, if in favour of the petitioner to the Director of Tea Tribes Welfare, Assam. The Director in turn, if the report is in favour of the petitioner to counter sign