WP(C) 4459/2005 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA JUDGMENT AND ORDER The challenge made in this writ petition is the order by which the Caste certifi cate of the petitioner has been cancelled. 2. According to the petitioner, she hails from Rabha Community which is rec ognized as a Scheduled Tribe of Assam. Although her ancestors used the title Ra bha , but her father used the title Medhi and petitioner also followed the sam e title. Thus, it is the case of the petitioner that although her title is Medhi , but in fact she is Rabha, which is recognized as a Scheduled Tribe. The petiti oner, in support of her claim as such has placed reliance on the Annexure-1 seri es documents, which are Caste Certificate issued by the Chairman and the copy of the Jamabandi of K.P. Patta No. 3 of Village - Nagaon under Mouza - Borduar. Th e petitioner has also annexed the Anenxure-2 certificate dated 17.10.2001 issued by the Gaonburha, Palashbari Circle, Mouza - Borduar certifying that she belong s to Rabha Community. 3. The petitioner having offered her candidature for LPG dealership/ distri butorship at Chaigaon, was invited to appear before the Dealer Selection Board o n 29.8.2001, which she accordingly did. Pursuant to the selection conducted, in which the candidatures of others were also considered, the petitioner was placed at serial No. 1 of the select list which comprised of three names in order of p reference. The respondent No. 7 was placed at serial No. 2. The respondent No. 7 having raised objection relating to the caste certificate of the petitioner, sh e made Annexure-IV objection dated 12.9.2001. In the objection, it was stated th at her family belong to Rabha community of Loharghat in the district of Kamrup, which is recognized as ST (Plains). 4. After the aforesaid objection, the Circle Officer, Palashbari Revenue Ci rcle issued the Annexure-5 notice dated 21.9.2001 asking the petitioner to show cause on 26.9.2001 by remaining personally present. The notice was issued on rec eipt of objection regarding her caste certificate. It is the plea of the petitio ner that the Circle Officer wanted to strike a deal on extraneous consideration. In the meantime the All Assam Tribal Sangha by its letter dated 22.9.2001 addre ssed to the Circle Officer authenticated the caste certificate of the petitioner . The said letter was followed by Annxure-7 letter dated 25.9.2001 addressed to the Deputy Commissioner, Kamrup by the Borduar Bholagaon Area Tribal Sangha purp ortedly withdrawing the complaint lodged against the petitioner. 5. By Annexure-VIII letter dated 9.10.2001 addressed to the Deputy Commissi oner, the President, All Assam Tribal Sangha intimated about withdrawal of the o bjection regarding caste certificate of the petitioner. However, it was advised that a report be called for from the Circle Officer, Palashbari Revenue Circle. Thereafter by Annexure-IX letter dated 18.10.2001, the Additional Deputy Commiss ioner, Kamrup intimated All Assam Tribal Sangha, All Guwahati District Tribal Sa ngha and All Kamrup District Tribal Sangha asking their representatives to be pr esent in the office on 22.10.2001 in connection with the complaint lodged agains t the caste certificate of the petitioner. 6. Amidst the aforesaid developments, the Additional Deputy Commissioner, K amrup by his Annexure-X letter dated 19.10.2001 intimated the respondent/corpora tion that the petitioner did not belong ST (Rabha) Community. The letter mention ed about verification of relevant documents including land documents, the local enquiry carried out and interaction with the jurisdictional Circle Officer and t he Lot Mandal. The Annexure-IX letter dated 19.10.2001 was followed by Annexure- 12 letter dated 25.1.2002 issued by the Deputy Commissioner and addressed to the respondent corporation. The letter mentioned about verification of the relevant records and the reports furnished by the Revenue Circle Officer, Rabha Hasong A utonomous Council, Borduar Anchalik Tribal Sangha, Guwahati Zilla Tribal Sangha, All Assam Tribal Sangha, South Kamrup District Tribal Sangha, All Bodo Students Union. On that basis it was intimated that the petitioner did not belong to ST community. It was further intimated that the petitioner in fact was OBC. 7. By Annexure-XIII letter dated 22.2.2002, the General Secretary, All Assa m Tribal Sangha requested the Deputy Commissioner, Kamrup to treat the petitione r as a member of the ST (P) (Rabha Community). In the meantime, several writ pet itions were filed pertaining to the dealership questioning the validity of the c aste certificate. The petitioner has also filed WP(C) No. 7751/2001 making a gri evance against cancellation of her ST Caste certificate. All the writ petitions were disposed of by order dated 4.1.2005 directing the Deputy Commissioner, Kamr up to examine the matter afresh upon hearing the parties involved. In the order it was noticed that the order dated 19.10.2001 (Annexure-X) was passed without h earing the petitioner. 8. After the aforesaid order, the Deputy Commissioner, Kamrup has resolved the issue by the impugned order dated 31.5.2005 (Annexure-XVI). It has been held that the petitioner does not belong to Rabha Community, but in fact belongs to Sarania Kachari Community . By the said order the ST caste certificate dated 11 .11.1990 certifying the petitioner as ST (P) (Rabha) has been cancelled. Being a ggrieved the petitioner has filed the instant writ petition. 9. The Deputy Commissioner, Kamrup i.e. the respondent No. 2 has filed the affidavit-in-opposition and so also by the respondent No. 7. They have justified the impugned order. According to the respondent No. 2 although the ancestors of the petitioner might have belonged to Rabha Community but since the days of her paternal grandfather (1943) the family renounced all tribal culture and took S aran under Goswami Guru and accepted the culture of Koch community. It ha been stated that the order dated 19.10.2001 was passed taking into account the r eports of the enquiry and other related documents. In paragraph 11 of the affida vit, it has been stated that the impugned order has been passed as per direction of this Court and after providing due opportunity to the petitioner and on peru sal of the relevant documents. In paragraph 12 of the affidavit, it has been sta ted thus: & & & &. The letter sent by All Assam Tribal Sangha bearing No. AATS/C-3/2001-02 79 dated 20.2.02 supporting the claim of the petitioner to be belonged to ST com munity is under proposed examination and hearing. However, the process could not be continued due to the filing of the writ petition by the petitioner & &.. 10. In the affidavit-in-opposition filed by the respondent No. 7, the impugn ed order has been supported upon a reference to the order dated 19.10.2001 and o ther related orders. The affidavit also highlights the spot enquiry carried out by the authorities. As against the reference to the letters purportedly issued b y the All Assam Tribal Sangha, the respondent No. 7 has annexed the Annexure-E a nd F letters dated 16.1.2002 and 29.9.2002 purportedly addressed to the Deputy C ommissioner and a particular political party by the All Assam Tribal Sangha inti mating that the petitioner does not belong to Rabha Community. 11. I have heard Mr. N. Dutta, learned Sr. Counsel assisted by Mr. B.D. Gosw ami, learned counsel for the petitioner as well as Mr. U.K. Nair, learned counse l representing the respondent No. 7. I have also heard Ms. R. Chakraborty, learn ed Additional Sr. Government Advocate, representing the State respondent. 12. While Mr. Dutta, learned Sr. Counsel for the petitioner upon a reference to the above quoted stand of the respondent No. 2 in his affidavit submitted th at the authority did not take into account all the relevant documents towards pa ssing the impugned order, Mr. Nair, learned counsel for the respondent No. 7 sub mitted that the finding of fact arrived at by the authority on the basis of the related materials should not be interfered with exercising writ jurisdiction. Le arned counsel for the parties have placed reliance on number of decisions relati ng to caste status and the effect of transition that might take place over the y ears and as to the effect of acceptance of a particular person as a member of a particular caste by the other members of the caste. The decisions referred to ar e - 2007 (1) GLT 482 (Ananda Ram Baruah (Dr.) Vs. Guneswar Das) (1994) 6 SCC 241 (Kumari Madhuri patil Vs. Additional Commissioner) (1976) 3 SCC 411 (The Principal, Guntur Medical College Vs. Y. Mohan Rao) (2005) 1 SCC 394 (E.V. Chinnaiah Vs. State of A.P.) (1996) 3 SCC 100 (S.Swvigaradoss Vs. Zonal Manager, FCI.) 2001 (3) GLT 45 (Arabinda Kumar Saha Vs. State of Assam) 13. I have given my anxious consideration to the submissions made by the lea rned counsel for the parties. I have also gone through the materials available o n record. Learned Additional Sr. Government Advocate Ms. R. Chakraborty has prod uced the copy of the enquiry report furnished by the Circle Officer, Palashbari Revenue Circle. The enquiry report contains what is reflected in the affidavit-i n-opposition filed by the respondent No. 2. As per the report, upon a visit to t he village and the house of the petitioner and interaction with the villagers in cluding the mother of the petitioner namely Smt. Nalini Patgiri Medhi, the Circl e Officer found that the grandfather of the petitioner was Madha Medhi @ Madha G aonburha. Late Madha Medhi had two brothers namely Bhetek and Sadha. Information s were furnished by one Sri Rameswar Nath, a living age old person. 14. As per the aforesaid information, Late Madha Medhi had four wives, three wives from Rabha Community and forth one Late Bileti from Koch community. The f ourth marriage was performed in 1938 and 5 years thereafter Late Madha took Sar ana under Goswami Guru of village-Khatiamari in presence of villagers and conve rted to Koch community taking oath to leave to all tribal culture. Late Madha ha d 4 sons namely Late Mamat Koch, Late Manik Koch, Late Dharmeswar Medhi and Sri Binoy Medhi. All are living separately following the Koch culture. Presently, th ere is no sign of any tribal culture prevalent among any of the families. They a re living in the same Para in the midst of General Caste people. They performe d their marriages inviting Purohit (Brahmin). In fact, sister in laws brought to the families are all from General Category and the daughters of the families are also married to General Category Caste. 15. The local Gaonburha namely Sri Rameswar Rabha supported the aforesaid in formation furnished by Sri Rameswar Nath and the mother of the petitioner as wel l as the petitioner, who were present in the enquiry could not contradict to the same. It was further found that even in the revenue records pertaining to the p etitioner’s family and her relations, there is no mention of any Rabha title. As per the said record Late Mamat i.e. the petitioner’s uncle had accepted the tit le Koch. 16. It is on the above basis the conclusion was drawn that the petitioner di d not belong to Rabha Tribe recognized as ST (P). On the other hand it is the re spective claim of the petitioner and the respondent No. 7 that the All Assam Tri bal Sangha has supported the respective claim. In the affidavit-in-opposition fi led by the respondent No. 2, there is mention of the letter dated 20.2.2002 (Ann exure-XIII), by which the said Sangha requested the Deputy Commissioner to drop the issue once for all revalidating the ST Caste certificate earlier issued in f avour of the petitioner. As per the above statement in the said affidavit, the l etter was under examination but could not be processed any further in view of fi ling of the writ petition. 17. The question relating to caste status of the petitioner necessarily invo lves adjudication of questions of fact. The findings of fact arrived at by the a uthority cannot be interfered with lightly exercising writ jurisdiction. The imp ugned order dated 31.5.2005 is based on the findings arrived at by the authoriti es who were entrusted with the enquiry relating to Caste status of the petitione r. In the order of this Court passed on 4.1.2005, there was direction to resolve the issue after hearing the parties involved namely the petitioner, the respond ent No. 7 and the respondent corporation. The impugned order has been passed aft er hearing the said parties. Thus, there is substantial compliance of the order of this Court. 18. While in the Caste Certificate (Annexure-I), the petitioner is stated to be of village Bhakatpara, but in the certificate issued by the Gaoburha (Annexu re-II), she is stated to be of village Loharghat. It is also not understood why such a certificate was necessary in 2001, when the petitioner was already in pos session of the Annexure-I Caste Certificate of 1990. It will be pertinent to men tion here that the selection for LPG dealership was in process at that point of time and the results were declared on 30.8.2001. 19. This Court by its aforesaid order dated 4.1.2005 passed in the earlier w rit proceeding issued direction to decide the matter afresh upon hearing the par ties. It is not a case of not affording opportunity of being heard to the petiti oner. The documents on which the petitioner has placed reliance were all in her possession, including the letter dated 20.2.2002. The enquiry was also contended by the Circle Officer in pursuance of the petitioner and her mother and upon a visit to the locality including the residence of the petitioner. 20. Some amount of contradiction is discernible in respect of the stand of t he All Assam Tribal Sangha. While the letters annexed to the writ petition purpo rtedly issued by the All Assam Tribal Sangha supported the case of the petitione r, the letters annexed to the affidavit-in-opposition filed by the respondent No . 7 opposed her case. It is not unlikely that having regard to the high stack in volved (LPG Dealership), influential persons might try to take advantage of the situation. The dealership is now hinged on, the correctness or otherwise of the Caste certificate describing the petitioner as belonging to ST (P) (Rabha commun ity). The Deputy Commissioner did not proceed towards examining the Annexure-XII I letter dated 20.2.2002 issued to him by the General Secretary, All Assam Triba l Sangha as in the meantime the writ petition was filed. 21. In Kumari Madhuri Patil (Supra), the Apex Court observed thus: 15. The question then is whether the approach adopted by the High Court in not elaborately considering the case is vitiated by an error of law. High Court is n ot a court of appeal to appreciate the evidence. The Committee which is empowere d to evaluate the evidence placed before it when records a finding of fact, it o ught to prevail unless found vitiated by judicial review of any High Court subje ct to limitations of interference with findings of fact. The Committee when cons iders all the material facts and records of a finding, though another view, as a court of appeal may be possible, it is not a ground to reverse the findings. Th e court has to see whether the Committee considered all the relevant material pl aced before it or has not applied its mind to relevant facts which have led the Committee ultimately record the finding. Each case must be considered in the bac kdrop of its own facts. 22. As noted above, determination of the real caste of the petitioner necess arily involves disputed questions of fact, which the Writ Court exercising its p ower of judicial review under Article 226 of the Constitution of India cannot ad judicate upon. Further the findings of fact arrived at by the competent authorit y cannot be lightly interfered with in absence of any error apparent on the face of the record. At the same time, this Court cannot be oblivious of the stand of the respondent No. 2 quoted above. 23. For what has been discussed above, while not interfering with the impugn ed order dated 31.5.2005 (Annexure-XVI) passed by the Deputy Commissioner, Kamru p, it is hereby provided that the Deputy Commissioner, Kamrup may consider the e ffect of the Annexure-XIII letter dated 20.2.2002. If upon consideration of the same, it is found that a review of the impugned order dated 31.5.2005 is on the card, he will do so. However, in the process of consideration of the effect of t he said letter dated 20.2.2002, both the parties should be heard including the r esponsible representative of the All Assam Tribal Sangha, who had purportedly is sued the said letter. Entire exercise shall be carried out as expeditiously as p ossible but at any rate not later than 30.4.2008. 22. With the aforesaid direction and observation the writ petition is dispos ed of. It is hereby provided that till completion of the exercise on or before 3 0.4.2008, the interim order dated 17.6.2005 shall continue to operate.