ANAMIKA KURMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.U. Ahmed, learned counsel for the petitioners and Mr. B. Deuri, learned Junior Government Advocate for the respondents No. 1 and 2, being the authorities under the Tea Tribes Welfare Department and Welfare of Tea and Ex- Tea Garden Tribes, respectively. Also heard Mr. M.K. Misra, learned counsel for the respondent No. 3, being the authorities in the Thengal Kachari Autonomous Council; Ms. S. Sarma, learned counsel for the respondent No. 4, being the Director of Medical Education Department; Mr. N. Deka, learned counsel for the respondents No. 5 and 6, being the authorities in the Assam Down Town University and Mr. S.C. Keyal, learned counsel for the respondent No. 7, being the authorities in the All India Council for Technical Education.

(2.) The petitioners herein claim to be belonging to Tea Tribes community and Thengal Kachari community respectively, and that they hail from BPL families. The respondents in the Tea Tribes Welfare Department and Thengal Kachari Autonomous Council have a scheme of sponsoring candidates belonging to the respective communities for undergoing certain paramedical courses and the entire expense of undergoing such courses are undertaken by the two authorities. In such process, the 74 (seventy four) writ petitioners, 44 (forty four) of them who are stated to be belonging to the Tea Tribes community and 30 (thirty) to the Thengal Kachari community were all sponsored and admitted to undergo the course of Diploma in Medical Laboratory Technician and other courses in the respondent Assam Down Town University. Accordingly, the petitioners were admitted to the courses for the session 2014-15.

(3.) Upon being admitted and after undergoing the courses for certain period of time, an apprehension arose in the minds of the writ petitioners that the courses to which they were admitted under the Assam Down Town University were not appropriately recognized and further that the diploma that may be obtained will not lead the petitioners availing Government jobs. Upon such apprehension, the petitioners undertook an agitational approach and in the process, the Director of Welfare of Tea and Ex-Tea Garden Tribes caused an enquiry to be made on the apprehensions that arose in the minds of the writ petitioners as well as the agitational approach that they had undertaken. The Research Officer in the Directorate of Welfare of Tea and Ex-Tea Garden Tribes submitted a report dtd. 7/3/2015 to the Director of Welfare of Tea and Ex- Tea Garden Tribes. In clause 2 of the report, the Research Officer stated that it could not be ascertained as to whether the diploma/degree awarded by the Assam Down Town University would result in an eligibility to apply for jobs in Government establishments.