Disposed

Priyadarshini Kurmi and 4 Ors. v. the State of Assam and 15 Ors.

Gauhati HC6 May 2022WP(C)/862/2021

Case brief

AI extract

What is this about?

Petitioners challenged the admission eligibility of respondents under the TGL/Ex-TGL category for MBBS/BDS courses. The Court held that since a State Level Scrutiny Committee confirmed the respondents belong to the said category, no further adjudication is required and the writ petition stands closed.

What did the court decide?

The writ petition stands closed as no further adjudication is required in view of the State Level Scrutiny Committee's order.

Priyadarshini Kurmi and 4 Ors. Vs the State of… — Education and Admissions | Gauhati HC (2022)

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GAHC010023362021

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

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Case No. : WP(C)/862/2021

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PRIYADARSHINI KURMI AND 4 ORS

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(DOB 08.12.2001) D/O- MR. JIBON KURMI, PERMANENT R/O- TEOK T.E., P.O. AND P.S. TEOK, DIST.- JORHAT, ASSAM- 785112

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2: POBIN KARMAKAR (DOB 19.07.1999) S/O- MR. SUDESH KARMAKAR PERMANENT R/O- MAIJAN T.E. BUNGLOW LINE DIBRUGARH ASSAM- 786001

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3: RAJNISH KURMI (DOB 01.01.2002) S/O- MR. MANJIT KURMI PERMANENT R/O- BARALIMARA P.O. BEDETI P.S. BEHALI DIST.- BISAWNATH ASSAM- 784179

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4: JYOTISHMITA KURMI (DOB 20.02.2001) D/O- MRS. MANOMATI KURMI PERMANENT R/O- USHANAGAR BYE-LANE-9 TEZPUR ASSAM- 784001

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5: ABINASH SAHU

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(DOB 18.04.2000) S/O- MRS. JOYMOTI SAHU PERMANENT R/O- GHORAMARI P.O. GHORAMARI ASSAM- 78410

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VERSUS

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THE STATE OF ASSAM AND 15 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPTT., DISPUR,GHY-06

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2:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPTT. DISPUR GHY-06 3:THE DIRECTOR OF MEDICAL EDUCATION ASSAM SIXMILE KHANAPARA GHY-22 4:THE COMM. AND SECY. GOVT. OF ASSAM WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES DEPTT. DISPUR GHY-06 DIST.- KAMRUP (M) ASSAM 5:THE STATE LEVEL CASTE SCRUTINY COMMITTEE REP. BY ITS CHAIRMAN- THE SECY. TO GOVT. OF ASSAM WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES DEPTT. DISPUR GHY-06 DIST.- KAMRUP (M) ASSAM 6:THE DIRECTOR TEA TRIBES WELFARE GOVT. OF ASSAM RUPNAGAR GHY-32 DIST.- KAMRUP (M) ASSAM 7:THE DY. COMMISSIONER OF KARIMGANJ CACHAR SONITPUR AND DHUBRI DISTRICTS 8:ASSAM TEA TRIBES STUDENTS ASSOCIATION HAVING ITS OFFICE AT ASSAM TEA TRIBE COLLEGE STUDENTS HOSTEL GANESHGURI

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GHY-06 ASSAM AND REP. BY ITS PRESIDENT DHIRAJ GOWALA 9:FARHAN ANSARI S/O- AMANULLA ANSARI R/O- 248/1 WARD NO. 1 DHEKIAJULI P.O. DHEKIAJULI DIST.- SONITPUR ASSAM- 784110 (WRIT PETITIONER IN WP(C) NO. 604/2021) 10:DEEPJYOTI KARMAKAR S/O- BIBHUTI BHUSON KARMAKAR R/O- VILL- BISONDAI PART-2 P.O. BISONDAI P.S. GOLAKGANJ DIST.- DHUBRI ASSAM- 783334 (WRIT PETITIONER IN WP(C) NO. 606/2021) 11:SUROJ KARMAKAR S/O- KANKAN KUMAR KARMAKAR R/O- VILL- BISONDAI PART-2 P.O. BISONDAI P.S. GOLAKGANJ DIST.- DHUBRI ASSAM- 78333 (WRIT PETITIONER IN WP(C) NO. 606/2021) 12:SHALINI KANOO D/O- SUBASH KANOO R/O- DULLABCHERRA TEA ESTATE P.O. DULLABCHERRA DIST.- KARIMGANJ ASSAM- 788736 (WRIT PETITIONER IN WP(C) NO. 610/2021) 13:RAHUL YADAV S/O- RAMBILASH YADAV R/O- VILL- BASKALTILLA P.O. DULLABCHERRA DIST.- KARIMGANJ ASSAM- 788736 (WRIT PETITIONER IN WP(C) NO. 612/2021) 14:GAURAV CHAUHAN S/O- JOGODISH CHAUHAN (NUNIA) R/O- VILL- GHUNGOOR SILCHAR P.O. NIT DIST.- CACHAR

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ASSAM- 788010 (WRIT PETITIONER IN WP(C) NO. 611/2021)

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15:RAHUL KOIRI S/O- RAM KEWAL KOIRI R/O- AMBIKAPATTY GHARBARAN LANE SILCHAR CACHAR 16:NILOFAR RAHMAN D/O- AZIZUR RAHMAN R/O- GHUNGOOR SILCHAR WARD NO. 24 TARAPUR SILCHAR CACHA

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Advocate for the Petitioner : MR. JYOTIRMOY ROY

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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06.05.2022

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Heard Mr. J Roy, learned counsel for the petitioners. Also heard Ms. DD Barman, learned Additional Senior Government Advocate for respondents No.1, 6 and 7 being the Chief Secretary to the Government of Assam, the Director of Tea Tribes Welfare, Government of Assam as well as the Deputy Commissioner Karimganj respectively, Mr. A Chaliha, learned counsel for the respondents No.2 and 3 being the authorities under the Health and Family Welfare Department, Government of Assam and Mr. R Dhar, learned counsel for the respondents No.4 and 5 being the authorities under the WPT&BC Department.

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In this writ petition, the petitioners assail the candidature of the respondents No.9 to 16 for the purpose of admission into 1^st year MBBS/BDS course for the year 2020-2021 under the Health and Family Welfare Department, Government of Assam on the ground that although the said respondents were selected against the quota of TGL/Ex-TGL category, but in fact they do not belong to the said category.

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In the circumstance, by the order dated 08.03.2021 the eligibility of the respondents No.9 to 16 against the category of TGL/Ex-TGL was required to be examined by the State Level Caste Scrutiny Committee constituted as per the pronouncement of the Supreme Court in Kumari Madhuri Patil and Another Vs. Additional Commissioner reported in (1994) 6 SCC 241.

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Mr. R Dhar, learned counsel for the respondents in the WPT & BC Department has produced an order dated 17.03.2022 of the State Level Scrutiny Committee by which upon examination it has been held that the respondents No.9 to 16 do, in fact, belong to the TGL/Ex-TGL category.

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In view of the decision by the State Level Scrutiny Committee, we are of the view that no further adjudication is required in this writ petition and the same stands closed.

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A copy of the order dated 17.03.2022 of the State Level Scrutiny Committee is kept as part of the record.

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JUDGE

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Comparing Assistant

Priyadarshini Kurmi and 4 Ors. v. the State of Assam and 15 Ors.

Case brief

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Priyadarshini Kurmi and 4 Ors. v. the State of Assam and 15 Ors.

Case brief

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