DIVYANA A. LAHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. G. Goswami, the learned counsel appearing on behalf of the petitioners. Also heard Mr. R. Dhar, the learned counsel appearing on behalf of the respondent No.1 to 7 as well as Mr. K. N. Choudhury, the learned senior counsel assisted by Mr. K. P. Pathak, the learned counsel appearing on behalf of the respondent No.8.

(2.) The instant writ petition has been filed by the petitioners challenging the order bearing No.KAV TAD/BC/790/2020/213 dtd. 29/9/2021 of the State Level Caste Scrutiny Committee, Assam (for short, referred to as "the impugned order") whereby the State Level Scrutiny Committee (for short "the SLSC") held that the petitioner No.1 does not belong to the Scheduled Tribe community of Assam. For deciding the legality and validity of the impugned order, this Court finds it relevant to briefly state the facts leading to the instant writ petition.

(3.) The Petitioner No.2 is the mother of the petitioner No.1 and admittedly belongs to the Miri Tribe which is a recognized Scheduled Tribe (Plains) under the Constitution (Scheduled Tribes) Order, 1950 (for short "Order of 1950"). The petitioner No.2 was married to one Neelutppal Lahan (since deceased). Out of the said wedlock, the petitioner No.1 was born on 10/1/2006. The petitioner No.2 along with Late Neelutppal Lahan had another child, namely, Leander Ayang Lahan who was born on 27/9/2010. Unfortunately, Neelutppal Lahan expired on 4/10/2012. At that relevant point of time, the petitioner No.1 was 6 years old and her brother was just 2 years old. The petitioner No.2 thereafter raised both the children. The names of the two children were changed in the year 2015 in as much as the petitioner No.1 earlier was known as Miss Divyana Aappun Lahon and presently is known as Miss Divyan A. Lahon and her brother was known as Master Leander Aayang Lahon and presently is known as Master Aayang L. Lahan.