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
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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.
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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