DRIBBLEENA SARANIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. C Newme, learned counsel for the petitioner. Also heard Mr. R Dhar, learned counsel for the authorities under the Tribal Affairs (Plains) Department of Government of Assam, Mr. B Gogoi, learned counsel for the authorities under the Health and Family Welfare Department including the Medical Education Department and Mr. P Saikia, learned counsel for the authorities under the Deputy Commissioner, Baksa.

(2.) The petitioner Dribbleena Sarania is an intending candidate for admission into the 1st Year MBBS Course for the year 2023 and seeks for an admission under the reserved category of Scheduled Tribes (Plains) [in short ST(P)]. For the purpose, the petitioner relies upon a certificate issued by the All Assam Tribal Sangha, Tamulpur District Unit dtd. 26/3/2013, wherein it is certified that Dribbleena Sarania daughter of Khargeswar Sarania of village Bhakatpara in the Baksa district belongs to ST(P) being a member of Bodo Kachari community. It is taken note that Bodo Kachari community is enlisted under the Constitution (Scheduled Tribes) Order 1950 to be one of the recognized Scheduled Tribes in the State of Assam. The Certificate dtd. 26/3/2013 is signed by the Vice President of Tamulpur District Tribal Sangha and is also countersigned by the Sub-Divisional Officer (Civil) Tamulpur. The petitioner relies upon another certificate dtd. 3/7/2023 which is also issued under the signature of Vice President of Tamulpur District Tribal Sangha and countersigned by the Sub-Divisional Officer (Civil) Tamulpur and also contains the information that the petitioner Dribbleena Sarania is the daughter of Khargeswar Sarania of village Bhakatpara in the Baksa district and belongs to the Bodo Kachari community

(3.) But the certificate dtd. 3/7/2023 certifying that the petitioner Dribbleena Sarania belongs to the Bodo Kachari community had been verbally withdrawn by the Additional Deputy Commissioner Tamulpur and being aggrieved this writ petition is instituted. When the writ petition was moved, by the order dtd. 25/7/2023, the petitioner was allowed to upload the caste certificates dtd. 26/3/2013 and 3/7/2023 for the purpose of admission into the 1st Year MBBS Course and accordingly, it is stated that the petitioner has been given a provisional admission.