SUSHAMA CHETRI SMT Vs. STATE OF TRIPURA

JUDGEMENT

(1.) I have heard Mr. D.K. Biswas, the learned counsel for the writ petitioner. Also heard Mr. B. Das, learned senior counsel for the State respondent and Mr. K.N. Bhattacharjee, the learned senior counsel for the private respondents.

(2.) The dispute at hand relates to a question whether the writ petitioner Smti. Sushama Chetri belongs to 'Lepcha' community or not. Her admission to the Medical College against seats reserved for Scheduled Tribes Community was challenged in writ petition No. W.P.(C) 365 of 2000 filed by Smt. Pallavi Debbarma. The aforesaid writ petition was disposed of by the judgment and order dated 11th August, 2000 taking note of the decision of the Supreme Court in para 10 of the judgment in Director of Tribunal Welfare, Govt. of Andhra Pradesh -Vs- Laveti Giri and Anr. reported in AIR 1995 SC 1506. The said Civil Rule was disposed of with the following direction :

(3.) In pursuance of the aforesaid direction an order was made by the Sub-Divisional Officer, Sadar, wherein it was held that the writ petitioner Smti. Sushama Chetri belongs to Lepcha Community which is Scheduled Tribe Community as per Presidential notification. Thereafter, the Secretary to the Government of Tripura in the Tribal Welfare Department by order dated September 8,2000 reviewed the decision of the Sub-Divisional Officer suo moto and reversed the finding of the Sub-Divisional Officer declaring the writ petitioner as a member of Nepali Community and further that she does not belong to Lepcha community.