GAHC010074982024

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WA/378/2024

THE STATE OF ASSAM AND ORS

REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,WELFARE

OF PLAINS TRIBES AND BACKWARD CASTE DEPARTMENT, DISPUR

GUWAHATI 06

2: THE STATE LEVEL CASTE SCRUTINY COMMITTEE REPRESENTED BY ITS CHAIRMAN CUM SECRETARY

WELFARE OF PLAIN TRIBES AND BACKWARD CASTE DEPARTMENT

DISPUR GUWAHATI 0

VERSUS

KULDEEP TASSA

S/O HAREN TASSA,

RESIDENT OF VILLAGE NIZ VEKULAJAN, PO TENGAKHAT, DIST

DIBRUGARH, ASSAM

2:THE DIRECTOR OF MEDICAL EDUCATION

ASSAM SIX MILE

KHANAPARA

GUWAHATI 781022

3:THE PRINCIPAL

ASSAM MEDICAL COLLEGE

AMC ROAD

BARBARI

DIBRUGARH

ASSAM 786002

4:THE DIRECTOR OF PLAIN TRIBES WELFARE

ASSAM

RUPNAGAR

GUWAHATI 781032

ASSAM

5:THE DISTRICT COMMISSIONER DIBRUGARH ASSAM 78600 Advocate for the Petitioner : MR R M DAS, Advocate for the Respondent : GA, ASSAM, MD IMRAN (R1),MD R ISLAM (R1),MS F HUSSAIN (R1),MR S M ABDULLAH P (R1),SC, HEALTH Linked Case : WA/366/2025 THE DIRECTOR OF MEDICAL EDUCATION ASSAM AND ANR SIX MILE KHANAPARA GUWAHATI 781022 2: THE PRINCIPAL ASSAM MEDICAL COLLEGE AMC ROAD BARBARI DIBRUGARH ASSAM 786002 VERSUS KULDEEP TASSA AND 4 ORS S/O HAREN TASSA R/O VILL. NIZ VEKULAJAN P.O. TENGAKHAT DIST. DIBRUGARH ASSAM.

2:THE SECY. TO THE GOVT. OF ASSAM WELFARE OF PLAIN TRIBES AND BACKWARD CASTE DEPTT.

DISPUR GUWAHATI 781006 ASSAM.

3:THE STATE LEVEL CASTE SCRUTINY COMMITTEE REPRESENTED BY ITS CHAIRMAN CUM SECY. WELFARE OF PLAIN TRIBES AND BACKWARD CASTE DEPTT.

DISPUR GUWAHATI 781006 ASSAM.

4:THE DIRECTOR OF PLAIN TRIBES WELFARE ASSAM RUPNAGAR GUWAHATI 781032 ASSAM.

5:THE DIST. COMMISSIONER DIBRUGARH DIST. DIBRUGARH ASSAM 786001 ------------

For the Petitioner(s) : Mr. D.P. Borah, SC, Health Department Mr. R.M. Das, SC, WPT, BC Ms. R.B. Bora, Jr. GA, Assam For the Respondent(s) : Ms. F. Hussain, Advocate B E F O R E –

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HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

11.11.2025 (Ashutosh Kumar, CJ)

Out of these two writ appeals, WA No. 366/2025 has been preferred by the Director of Medical Education, Assam and the Principal, Assam Medical College, Dibrugarh, and WA No. 378/2024 has been preferred by the State of Assam, represented by the Secretary to the Government of Assam, Welfare of Plains Tribes & Backward Caste Department as well as by The State Level Caste Scrutiny Committee, represented by its Chairman cum Secretary, Welfare of Plains Tribes and Backward Caste Department, Government of Assam, against the judgment dated 07.03.2024 passed by a learned Single Judge of this Court in WP(C) No. 7103/2023 directing the appellants herein to compensate the writ petitioner and pay to him an amount of Rs. 1 Lakh as compensation for the delay in making a decision which led to the petitioner losing one year in his medical education.

We have heard Mr. D.P. Borah and Mr. R.M. Das, learned Advocates for the appellants in WA No. 366/2025 and WA No. 378/2014, respectively, and Ms. F. Hussain, learned Advocate for the respondent No. 1/writ petitioner.

The writ petitioner, a student hailing from Ex-Tea Garden Labourer community, which is a reserved community under Other Backward Castes (OBC) category and has a reserved quota in medical education in Assam, had appeared in the National Eligibility cum Entrance Test for Undergraduate (NEET-UG), 2023 in which he had scored 417 marks.

st Based on that score, he was provisionally selected for admission in the 1 Year MBBS Course in the Assam Medical College, Dibrugarh, under the quota of OBC. He had taken admission on the basis of the provisional list issued by the Director of Medical Education, Assam. However, shortly thereafter, his admission was cancelled on 03.09.2023 holding that the OBC certificate furnished by him was either false or fake. The matter went to litigation and, ultimately, under the direction of this Court, a verification exercise was undertaken to find out whether the petitioner really hailed from the OBC category and had furni