ANJALI MEDHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) (Oral) - Heard Mr. N. Dutta, learned senior counsel appearing for the petitioner. Also heard Mr. R.K. Bora, learned Government Advocate who appears for respondent Nos. 1, 2 and 10. Mr. P.J. Saikia, learned Advocate appears for the respondent Nos. 4, 5 and 6. The contesting respondent No. 7 is represented by Mr. M.K. Choudhury, learned senior counsel. Mr. P. Bayan, learned Advocate appears for respondent Nos. 8 and 9. Respondent No. 11 have intervened in the matter and filed counter-affidavit.

(2.) This matter pertains to selection for allotment of an LPG dealership to be commissioned at Chaygaon under the Bharat Petroleum Corporation Ltd. (hereinafter referred to as BHPL) and only schedule tribe category persons were eligible to be considered for the said LPG Distributorship. The petitioner Anjali Medhi claiming herself to be a "Rabha", who are recognised as Scheduled Tribe (P) in the State, offered her candidature along with a certificate dated 11.11.1990 certifying her status. There were other 21 applicants including respondent No. 7 and following the selection by the dealer selection board, the list of successful candidates were notified on 30.8.2001, where the petitioner was enlisted at merit position 1 and the respondent No. 7 in position 2 in the said result notification.

(3.) At the instance of respondent No. 7, the Guwahati District Committee of the All Assam Tribal Sangha (hereinafter referred to Tribal Sangha) filed an objection on 30.8.2001 against the selection oi .he petitioner by contending that the petitioner does not belong to the "Rabha" community and was therefore not entitled to claim Scheduled Tribe status. The petitioner responded to the objector and eventually by communication dated 20.2.2002 the General Secretary of the Tribal Sangha informed the Deputy Commissioner, Kamrup about a resolution taken by the Central Executive Committee of the Tribal Sangha in its meeting dated 20.2.2002, wherein a resolution was adopted that the petitioner belongs to Schedule Tribe (P) "Rabha" community.