ZAHIDA REHMAN Vs. LT GOVERNER

JUDGEMENT

(1.) This review application involves the fate of two tribal girls of these Islands. I would have been happy if I was not a party to the Division Bench hearing this review application. After hearing the review application I was placed in a peculiar situation where despite my fullest sympathy for those two tribal girls I am unable to find out a solution by which I can protect the interest of both of them. As I have said, I have been placed in a most unpleasant situation while writing this judgment.

(2.) In 19th century these Islands were virgin and were not intercepted by urban population. Only population of these Islands was the tribals maintaining the culture and heritage of our country. In early part of 20th century when settlements of prisoners and thereafter by the them East Pakistani refugees in these Islands were done so called development started by changing the nature and character of these Islands and turning it to be an urbanised society. Administration run by the Central Government started making several policies to protect the interest of the tribals and upbring them so that they could place themselves at per with the civilised society. Various welfare schemes were propounded. The administration decided to educate the tribal children either in the Islands or by taking them to mainland for higher education. Time to time these policies came for judicial scrutiny before this Court as well as before the Apex Court.

(3.) Subject matter of the instant proceeding is an administrative order passed by the Union of India in deference to the desire of this Court in a writ proceeding as well as various orders passed by the Apex Court. By the said circular the authority kept 20% of the reserved quota for admission in different stream in the mainland for tribals. By the said circular different modifications were made in different categories. However, the reservation with regard to the tribals remained the same as on the date of issuance of the said circular dated 30th May, 1996. By the said circular the allotment of quota was categorised in five parts: (i) Tribals-20%, (ii) Deputationists and Central Government employees-10%, (iii) Settlers-15%, (iv) Other Central Government employees-20%, (v) Residuary category being the inhabitants of these Islands who do not fall in the above four categories-unutilised quota from categories (i) to (iv). To avail these quotas one has to apply for the same in a prescribed form. In the said format there are five prescribed certificates to be submitted in respect of respective categories. The note appended to the said form being relevant herein is quoted below: 1. Certificate of passing AISSCE (Class XII) with Statement of Marks. 2. Certificate of passing AISSE (Class X) with Statement of Marks. 3. Certificate of Date of Birth. 4. Local Certificate issued by the Revenue Authority. (For Candidates under Category I, III & IV only). 5. Scheduled Tribe Certificate (for Category I only) 6. Migration Certificate 7. Duration Certificates showing 10 years continuous study in these Islands for category IV). 8. Duration Certificate showing last 2 years continuous study in these Islands (for all categories I to V) 9. Degree Certificates, if any.