Gauhati High Court
Gaurav Chauhan vs The State Of Assam And 8 Ors on 3 February, 2021
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GAHC010017652021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/611/2021
GAURAV CHAUHAN
S/O- JAGODISH CHAUHAN (NUNIA), R/O- VILL- GHUNGOOR, SILCHAR,
P.O. NIT, DIST.- CACHAR, PIN- 788010, ASSAM
VERSUS
THE STATE OF ASSAM AND 8 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, HEALTH AND
FAMILY WELFARE DEPTT., DISPUR, GHY-06, DIST.- KAMRUP (M), ASSAM
2:THE DIRECTOR OF MEDICAL EDUCATION
ASSAM
SIX MILE
GHY-22
DIST.- KAMRUP (M)
ASSAM
3:THE COMM. AND SECY.
GOVT. OF ASSAM
WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES DEPTT.
DISPUR
GHY-06
DIST.- KAMRUP (M)
ASSAM
4:THE DIRECTOR
TEA TRIBES WELFARE
GOVT. OF SSAM
RUPNAGAR
GHY-32
DIST.- KAMRUP (M)
ASSAM
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5:THE DY. COMMISSIONER
SONITPUR
P.O. TEZPUR
PIN- 784001
DIST.- CACHAR
ASSAM
6:THE PRINCIPAL
REGIONAL DENTAL COLLEGE
GHY
PIN-
DIST.- KAMRUP (M)
ASSAM
7:ASSAM TEA TRIBES STUDENTS ASSOCIATION
HAVING ITS OFFICE AT ASSAM TEA TRIBE COLLEGE STUDENTS HOSTEL
GANESHGURI
GHY-06
ASSAM AND REP. BY ITS PRESIDENT
DHIRAJ GOWALA
8:DHIRAJ GOWALA
PRESENTLY SERVING AS THE PRESIDENT OF ASSAM TEA TRIBES
STUDENTS ASSOCIATION
HAVING ITS OFFICE AT ASSAM TEA TRIBE COLLEGE STUDENTS HOSTEL
GANESHGURI
GHY-06
ASSAM
9:PROBAN BEDIA
PRESENTLY SERVING AS THE SECY. OF ASSAM TEA TRIBES STUDENTS
ASSOCIATION
HAVING ITS OFFICE AT ASSAM TEA TRIBE COLLEGE STUDENTS HOSTEL
GANESHGURI
GHY-06
ASSA
Advocate for the Petitioner : MR. P N GOSWAMI
Advocate for the Respondent : SC, HEALTH
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BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
03.02.2021
In view of the order passed today (03.02.2021) in the connected I.A. (Civil) No.
244/2021, the petitioner is allowed to implead Rajnish Kurmi as party respondent No.10 in
the present proceeding.
Petitioner is allowed to correct the cause title by hand during the course of the day.
Heard Mr. K.P. Pathak, learned counsel for the petitioner. Also heard Mr. B. Gogoi,
learned Standing Counsel, Health & Family Welfare for respondent Nos. 1,2 and 6; Mr. R.
Dhar, learned Standing Counsel, WPT & BC Department for respondent No. 3 and Mr. B.
Deuri, learned Government Advocate, Assam for respondent Nos. 4 and 5.
On being selected in the National Eligibility-cum-Entrance Test (NEET) - 2020, the
petitioner was provisionally admitted in the 1st year BDS Course in the Regional Dental
College, Guwahati for the session 2020-21 under the OBC/MOBC (NCL)-TGL/Ex-TGL quota.
However, on the basis of a unilateral order dated 22.01.2021 issued by the Director of Tea
Tribes Welfare, Assam (Annexure-G) rejecting the claim of the petitioner that he belongs to
"Nonia" sub-caste under TGL/Ex-TGL category of OBC/MOBC caste, the Director of Medical
Education, Assam by the impugned office order dated 25.01.2021 (Annexure-H) cancelled the
admission of the petitioner in the 1st year BDS Course for the session 2020-21 in the Regional
Dental College, Guwahati.
Though the petitioner filed this writ petition on 29.01.2021, it was listed for 'Motion'
only yesterday (02.02.2021) and in terms of the order dated 02.02.2021, the matter has been
listed today.
During the deliberation of the matter, Mr. B. Gogoi, learned Standing Counsel, Health &
Family Welfare submitted that after cancelling the admission of the petitioner in the 1 st year
BDS Course under TGL/Ex- TGL category for the session 2020-21 in the Regional Dental
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College, Guwahati by the order dated 25.01.2021, the said seat has now been allotted to
respondent No. 10, namely, Rajnish Kurmi under the MOBC/OBC-TGL/Ex-TGL category.
Issue notice, returnable by 19.02.2021.
As Mr. B. Gogoi, learned Standing Counsel, Health & Family Welfare; Mr. R. Dhar,
learned Standing Counsel, WPT & BC Department and Mr. B. Deuri, learned Government
Advocate, Assam have accepted notice on behalf of respondent Nos. 1,2 and 6; respondent
No. 3 and respondent Nos. 4 and 5 respectively, no formal notice need be issued to them.
Petitioner shall, however, serve requisite extra copies of the writ petition including the
annexures appended thereto to Mr. B. Gogoi, Mr. R. Dhar and Mr. B. Deuri during the course
of the day obtaining necessary acknowledgement from them in that regard.
Petitioner shall take steps for service of notice on respondent Nos. 7,8,9 and the newly
impleaded respondent No. 10 by registered post with A/D by providing correct and proper
address with requisite postal stamp within two days.
Mr. Pathak, learned counsel for the petitioner at this stage submitted that since the
admission of the petitioner in the 1st year BDS course for the session 2020-21 in the Regional
Dental College, Guwahati has been cancelled unilaterally by the Director of Medical Education,
Assam by the impugned order dated 25.01.2021 without affording any opportunity of hearing
to him, merely on the basis of another unilateral order dated 22.01.2021 issued by the
Director of Tea Tribes Welfare, Assam, a seat in the 1 st year BDS Course in the Government
Dental Colleges of the State for the session 2020-21 should be kept reserved. In this regard,
the petitioner placed reliance on the decision of the Hon'ble Apex Court in the case of Dolly
Chhanda -vs- Chairman, JEE, reported in (2005) 9 SCC 779.
Mr. Gogoi, learned Standing Counsel, Health & Family Welfare submitted that admission
in the 1st year MBBS/BDS Course for the session 2020-21 is already over and no such seat for
the petitioner can be reserved for the said session.
After going through the judgment of the Hon'ble Apex Court in Dolly Chhanda (supra),
the Court is of the considered opinion that the prayer of the petitioner regarding his
admission in the 1st year BDS Course in Government Dental Colleges of the State for the
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session 2020-21 cannot be considered at this stage and the same shall be considered at the
time of final disposal of the present writ petition.
JUDGE
Comparing Assistant
