Mandira Satnami vs The State Of Assam And 8 Ors (E)
2023 Latest Caselaw 4430 Gua

                                                                 Page No.# 1/7

GAHC010238402023




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

                            Case No. : WA/401/2023

         MANDIRA SATNAMI
         W/O SRI RAJU SATNAMI RESIDENT OF VILLAGE NO. 1 KATHIA KUNDA
         GAON, PO SAPEKHATI, DIST CHARAIDEO, ASSAM, 785690

                   VERSUS

         1: THE STATE OF ASSAM AND 8 ORS (E)
         REPRESENTED BY THE THE ADDITIONAL CHIEF SECRETARY, TO THE
         GOVERNMENT OF ASSAM, DISPUR, GUWAHATI- 781006.

         2:THE SECRETARY, WELFARE OF PLAIN TRIBES AND BACKWARD CASTE
         DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI- 781006.

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

         4:THE DIRECTOR OF MEDICAL EDUCAITON OFFICE OF THE MEDICAL
         EDUCATION ASSAM SIX MILE KHANAPARA GUWAHATI- 781022.

         5:THE DIRECTOR TEA TRIBES WELFARE
         ASSAM RUPNAGAR GUWAHATI- 781032.

         6:THE DISTRICT COMMISSIONER NAGAON
         P.O. AND DISTRICT- NAGAON ASSAM PIN- 782001.

         7:THE ADDITINAL DISTRICT COMMISSIONER
         NAGAON P.O. AND DISTRICT- NAGAON ASSAM PIN- 782001.

         8:THE PRINCIPAL, ASSAM MEDICAL COLLEGE AND HOSPITAL
         DIBRUGARH P.O. AND DISTRICT- DIBRUGARH ASSAM PIN- 782001.

         9:THE ASSAM TEA TRIBES STUDENTS ASSOCIATION (CENTRAL
                                                                                 Page No.# 2/7

            COMMITTEE) REPRESENTED BY ITS GENERAL SECRETARY JAGDISH
            BARIK ASSAM TEA TRIBE COLLEGE STUDENTS HOSTEL GANESHGURI
            CHARIALI GUWAHATI- 781006

For the Appellant(s)      : Mr. B.K. Das, Advocate.
                          Mr. H.P. Guwala, Advocate.

For the Respondent(s)     : Mr. D. Saikia, Advocate General, Assam, assisted by Mr. B. Gogoi,

Standing Counsel, Health Department.

: Ms. D. Jain, Advocate on behalf of Mr. R.M. Das, Advocate for respondent Nos.4 & 5.

-B E F O R E -

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE KARDAK ETE 18.10.2023

The appellant herein is a candidate of Tea Garden Labourer/Ex-Tea Garden Labourer (TGL/Ex-TGL) category. She was duly issued a caste certificate dated 17.03.2023 issued by the Deputy Commissioner, Charaideo affirming her caste/category as OBC, TGL/Ex-TGL Satnami community. A Non-Creamy Layer (NCL) Certificate dated 18.04.2023 was also issued to the appellant for the

purpose of admission into the 1 st Year MBBS Course. The caste certificate of the appellant was verified through the Chairman of the Sub-Divisional Beneficiary Committee, Charaideo and the Executive Magistrate, Charaideo, Sonari. The appellant appeared in the NEET (UG) Examination, 2023 and her result was declared on 13.06.2023, where she secured an all India ranking of 334860.

After scrutiny of documents, the appellant was shortlisted under the OBC (TGL/Ex-TGL) quota at Serial No.15 and was provisionally admitted into the

MBBS 1st Year Course, 2023 vide admission notice dated 03.09.2023. She was

formally offered admission into the 1st Year MBBS Course at the Fakaruddin Ali Ahmed Medical College & Hospital, Barpeta vide admission notice dated 07.09.2023.

Page No.# 3/7

On account of an order dated 19.09.2023 passed by the learned Single Bench of this Court in WP(C) No.5340/2023, a direction was given to the State Level Caste Scrutiny Committee to hold a factual enquiry for verifying the TGL/Ex-TGL category certificates of all candidates, who had been provisionally admitted or had applied against the seats reserved for this category.

The appellant claims to have submitted the requisite documents to the State Level Caste Scrutiny Committee. However, as per the minutes dated 26.09.2023 issued by the State Level Caste Scrutiny Committee, the appellant's TGL/Ex-TGL status could not be verified. Pursuant to that, a fresh admission notice dated 28.09.2023 was issued by the authorities for 29(twenty-nine) seats

of 1st Year MBBS/BDS Courses, 2023 proposing to cancel the admission of the appellant and similarly placed students whose caste certificate could not be verified by the State Level Caste Scrutiny Committee.

In the meantime, vide order dated 29.09.2023 passed in Writ Appeal No.380/2023, we had stayed the effect and operation of the notice of cancellation of admission dated 28.09.2023 and also directed that the proceedings of the WP(C) No.5340/2023 would remain in abeyance.

Be that as it may, inspite of the aforesaid direction, the respondents proceeded to issue a fresh admission list dated 30.09.2023, wherein the appellant's name does not surface, presumably on the ground that her TGL/Ex- TGL could not be verified.

The controversy presented in this appeal has been exhaustively considered by us while passing the order dated 11.10.2023 in Writ Appeal No.390/2023; Writ Appeal No.393/2023 and Writ Appeal No.394/2023 filed by 3(three) similarly placed candidates, namely, Shri Sahildeep Horo, Smti. Rani Nayak and Smti. Smita Kumari Mahto, respectively. Relevant paragraphs of the Page No.# 4/7

order dated 11.10.2023 are reproduced herein below for the sake of ready reference:-

"16. Thus, we are convinced by the submission of the learned counsel for the appellants that the direction given by the learned Single Judge in the impugned orders that the verification process shall be undertaken within a short period of about 7(seven) days and that it would essentially involve collecting evidence of the Tea Garden Manager concerned, is in gross disregard and ignorance to the guidelines laid down in Kumari Madhuri Patil (supra). The criterion for testing the validity of the certificate/ certificates having been laid down by the Hon'ble Supreme Court in the case of Kumari Madhuri Patil (supra), the same has to be adhered to in letter and spirit. The judgment in the case of Kumari Madhuri Patil (supra) clearly provides that the enquiry has to be conducted within a period not exceeding 2(two) months and the result has to be communicated within 1(one) month from the date of conclusion of the proceedings. Meaning thereby that a window of about 3(three) months has to be provided for conducting such enquiry. In the case at hand, the learned Single Judge, without any justification, directed hastening of the process and curtailed it to mere 7(seven) days in order to meet the deadline of 30th September. Not only this, a new criterion of verification, i.e. to produce evidence from the Tea Garden Management was also introduced, which has led to a travesty of justice being committed. By directing an enquiry in such haste, the candidates already admitted might have been deprived of proper opportunity to place relevant material on record and as a consequence, the truncated enquiry report resulted into loss of seats to 9(nine) candidates, who had already been admitted into the MBBS Course.

We appreciate the assistance provided by learned Advocate General Mr. Saikia, who flagged this patent flaw in the procedure of re- verification of caste certificates by drawing our attention to the relevant excerpts from Kumari Madhuri Patil's (supra) judgment.

For the sake of repetition, we may reiterate with a great degree of anguish that one of these disadvantaged candidates, namely, Ritishma Kurmi, was led to such desperation on account of not being able to produce the evidence in terms of the order passed by the learned Single Judge for verification of her caste certificate that the young girl was compelled to take the extreme step of ending her life. Thus, a young life was lost and the tragedy which has befallen upon the family can never be compensated.

17. There cannot be any two views on the aspect that the directions passed by the learned Single Judge, which brought upon the evil consequence upon the appellants of losing admission in the MBBS Course, suffer from manifest illegality of having been rendered without Page No.# 5/7

following the cardinal principle of "audi alteram partem". Furthermore, the directions given by the learned Single Judge regarding the duration and manner of conducting caste certificate enquiry are in clear contravention of the Hon'ble Supreme Court judgment in the case of Kumari Madhuri Patil (supra) and hence, the same cannot be sustained.

18. We are compelled to note that as a result of the patently invalid and unjust orders of the learned Single Bench and on account of the fresh admission notice dated 30.09.2023 issued inspite of the stay order passed by the Division Bench on 29.09.2023, the scenario has drastically changed and other candidates have been admitted in place of the appellants who have lost their seats because of the manifestly flawed caste certificate verification exercise. However, we are of the firm opinion that the revised admission notice dated 30.09.2023 can still be tested on the anvil of having been issued in gross contravention of the stay order dated 29.09.2023 passed by the Division Bench in Writ Appeal No.380/2023.

19. On a pertinent enquiry being made, learned Advocate General, Assam Mr. D. Saikia makes a statement at bar that 2(two) seats have been left vacant in the current admission process, one being of Scheduled Tribe (Plains) category and the other being of All India category.

As per the Medical Colleges and Dental Colleges of Assam (Regulation of Admission into 1st Year MBBS-BDS Courses) Rules, 2017, only 2(two) certificates, i.e. caste certificate issued by the Deputy Commissioner and Annexure VI Certificate, are required for admission. There is no dispute that both these certificates were submitted by the appellants herein based whereupon they were granted provisional admission and were also allotted the seats in the appropriate Colleges. Hence, we are of the firm opinion that the appellants herein are entitled to the relief claimed for in these appeals, i.e. to hold their admissions in the 1st Year MBBS Course, 2023 as per the earlier admission notice issued by the Department.

20. The appellants herein are 3(three) in number, 2(two) can be adjusted against the vacant seats referred to (supra) because the seats cannot be carried forward and would remain vacant as the last date for filling the seats being 30.09.2023 has already passed by. As held by the larger Bench of the Hon'ble Supreme Court in the case of S. Krishna Sradha (supra), in an appropriate case and in order to grant restorative relief to a deserving and meritorious candidate who has approached the Court in time, the Court can direct admission of the candidate in the same year by directing increase in the seats which would not exceed more than one or two seats. Such admission can be granted within a reasonable time, i.e. within 1(one) month from 30 th September, which is the cut off date and under no circumstance, the Court shall order any admission in Page No.# 6/7

the same year beyond 30th October.

The relevant guidelines laid down by the Hon'ble Supreme Court in the case of S. Krishna Sradha (supra) have already been quoted above.

21. However, at the same time, we are cognizant of the fact that while granting admission to the appellants, the State authorities had kept the final decision pending for verification of the caste certificates held by the appellants based on certain complaints received qua these certificates.

Thus, the Court is inclined to grant provisional admission to the appellants herein against 2(two) vacant seats and by directing increase of 1(one) seat in terms of the judgment of the Hon'ble Supreme Court in the case of S. Krishna Sradha (supra), albeit requiring the appellants to furnish an undertaking that in case, after due exercise of verification to be undertaken by the State Level Scrutiny Committee strictly in accordance with the guidelines as laid down in Kumari Madhuri Patil (supra), the certificates held by the appellants are found to be invalid, they shall not be entitled to claim a lien on the seats occupied by them and shall forego the right of continuing in the 1st Year MBBS Course under the reserved category of TGL/Ex-TGL.

22. The appellants shall submit undertaking in the above terms to the Director, Medical Education latest by 14.10.2023, whereupon a fresh admission notice shall be issued in their favour by end of office hours on 16.10.2023."

Thus, considered in light of the observations made hereinabove, we are of the opinion that the appellant too deserves the benefit of restorative relief in sync with the relief granted to the appellants in Writ Appeal No.390/2023; Writ Appeal No.393/2023 and Writ Appeal No.394/2023. By the aforesaid order, we have already directed increase of 1(one) seat in the 2023

MBBS 1st Year Course in terms of the judgment of the Hon'ble Supreme Court in the case of S. Krishna Sradha -Vs- State of Andhra Pradesh & Ors.,

reported in (2020) 17 SCC 465. Thus, 1(one) more seat of 1 st Year MBBS Course in light of the aforesaid judgment shall be increased and added to the seats already filled and the appellant herein shall be granted provisional admission against such seat upon furnishing an undertaking that in case, after Page No.# 7/7

due exercise of verification to be undertaken by the State Level Scrutiny Committee strictly in accordance with the guidelines laid down by Hon'ble Supreme Court in the case of Kumari Madhuri Patil & Anr. -Vs- Additional Commissioner, Tribal Development & Ors., reported in (1994) 6 SCC 241, the certificate held by the appellant is found to be invalid, she shall not be entitled to claim a lien on the seat occupied by her and shall

forego the right of continuing in the 1 st Year MBBS Course under the reserved category of TGL/Ex-TGL.

List on 19.10.2023 along with Writ Appeal No.390/2023; Writ Appeal No.393/2023 and Writ Appeal No.394/2023.

                  JUDGE                           CHIEF JUSTICE




Comparing Assistant