ANJALI MEDHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE challenge made in this writ petition is the order by which the Caste certificate of the petitioner has been cancelled.

(2.) ACCORDING to the petitioner, she hails from Rabha Community which is recognized as a Scheduled Tribe of Assam. Although her ancestors used the title 'Rabha', but her father used the title 'Medhi' and petitioner also followed the same title. Thus, it is the case of the petitioner that although her title is Medhi, but in fact she is Rabha, which is recognized as a Scheduled Tribe. The petitioner, in support of her claim as such has placed reliance on the Annexure -1 series documents, which are Caste Certificate issued by the Chairman and the copy of the Jamabandi of K.P. Patta No. 3 of Village -Nagaon under Mouza -Borduar. The petitioner has also annexed the Annexure -2 certificate dated 17.10.2001 issued by the Gaonburha, Palashbari Circle, Mouza -Borduar certifying that she belongs to Rabha Community.

(3.) AFTER the aforesaid objection, the Circle Officer, Palashbari Revenue Circle issued the Annexure -5 notice dated 21.09.2001 asking the petitioner to show cause on 26.09.2001 by remaining personally present. The notice was issued on receipt of objection regarding her caste certificate. It is the plea of the petitioner that the Circle Officer wanted to strike a deal on extraneous consideration. In the meantime the All Assam Tribal Sangha by its letter dated 22.09.2001 addressed to the Circle Officer authenticated the caste certificate of the petitioner. The said letter was followed by Annexure -7 letter dated 25.09.2001 addressed to the Deputy Commissioner, Kamrup by the Borduar Bholagaon Area Tribal Sangha purportedly withdrawing the complaint lodged against the petitioner.