Miss Chaini Bhuyan vs The State Of Assam And 3 Ors on 20 December, 2024

Gauhati High Court

Miss Chaini Bhuyan vs The State Of Assam And 3 Ors on 20 December, 2024

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                        Page No.# 1/3

GAHC010272122024




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                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/6917/2024

            MISS CHAINI BHUYAN
            D/O BIBEK BHUYAN, R/O VILL- BAMUNGAON, P.O.-CHAKALAGHAT, P.S.-
            JAJORI, DIST- NAGAON, ASSAM-782142 (CURRENTLY PURSUING 2ND
            YEAR MBBS FROM ASSAM MEDICAL COLLEGE, DIBRUGARH AND R/A
            THE COLLEGE HOSTEL OF ASSAM MEDICAL COLLEGE, DIBRUGARH,
            ASSAM)



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
            ASSAM, DISPUR, GUWAHATI-781006

            2:THE STATE LEVEL CASTE SCRUTINY COMMITTEE
             REPRESENTED BY ITS CHAIRMAN CUM SECRETARY
            WELFARE OF PLAIN TRIBES AND BACKWARD CASTE DEPARTMENT OF
            THE GOVERNMENT OF ASSAM
             DISPUR
             GUWAHATI-781006

            3:DISTRICT COMMISSIONER
             NAGAON
             P.O.-NAGAON
             PIN-782001

            4:THE CIRCLE OFFICER
             NAGAON SADAR REVENUE CIRCLE
             NAGAON
             PIN-78200

Advocate for the Petitioner   : MR. P MAHANTA, M DAS,MS. M BORGOHAIN
                                                                       Page No.# 2/3

Advocate for the Respondent : GA, ASSAM, SC, WPT AND BC




                                 BEFORE
                  HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                      ORDER

20.12.2024
Heard Mr. P. Mahanta, learned counsel for the petitioner.

Issue notice, returnable in four weeks.

The petitioner is aggrieved by the impugned order dated 11.12.2024 issued
by the Deputy Commissioner, Nagaon whereby the caste certificate which was
issued by the Deputy Commissioner was cancelled in favour of the petitioner.

The petitioner claims to be a member of Ex-Tea Garden Labourer and is
currently pursuing her MBBS in Assam Medical College, Dibrugarh.

The learned counsel for the petitioner submits that this cancellation of the
caste certificate by the Deputy Commissioner, Nagaon is contrary to the law laid
down by the Apex Court in Kumari Madhuri Patil and Anr. Vs. Addl.
Commissioner, Tribal Development and ors, reported in (1994) 6 SCC 241. The
learned counsel for the petitioner submits that besides the cancellation not
being in confirmation with the law laid down by the Apex court, there was no
opportunity of hearing granted to the petitioner before passing the impugned
order. As such, the impugned order is required to be interfered with and during
pendency of the writ petition, the operation of the same be stayed.

Mr. R. Dhar, learned State counsel has entered appearance on behalf of the
Social Justice and Empowerment, Government of Assam and Ms. M. Barman,
learned counsel appears for the respondents No. 1, 3 & 4.

Page No.# 3/3

Since all the respondents are represented, notices are waived. However,
extra copies be furnished within two weeks from today.

The respondents will complete their instructions and file necessary affidavit,
if so advised in the meantime.

Matter be listed again on 24.02.2025.

Till the next date, the impugned order dated 11.12.2024 shall not be given
effect to and the petitioner will not be debarred from continuing within her
MBBS courses without leave of this Court.

JUDGE

Comparing Assistant