Meghalaya High Court
Syngkhong Rympei Thymmai vs The State Of Meghalaya & Ors. on 23 July, 2025
Author: W. Diengdoh
Bench: W. Diengdoh
Serial No. 01 HIGH COURT OF MEGHALAYA
Daily List AT SHILLONG
PIL No. 5 of 2025
Date of order: 23.07.2025
Syngkhong Rympei Thymmai vs The State of Meghalaya & ors.
Coram:
Hon'ble Mr. Justice I.P. Mukerji, Chief Justice
Hon'ble Mr. Justice W. Diengdoh, Judge
Appearance:
For the Petitioner : Mr N. Syngkon, Adv
Ms L. Phanjom, Adv
For the Respondents : Mr N.D. Chullai, AAG with
Ms R. Colney, GA Mr J.K. Pariat, Adv [for R3] Vice Mr T.T. Diengdoh, Sr Adv.
i) Whether approved for Yes/No
reporting in Law journals etc.:
ii) Whether approved for publication Yes
in press:
Note: For proper public information and transparency, any media reporting this judgment is directed to mention the composition of the bench by name of judges, while reporting this judgment/order. The vires of Sections 1, 2, 4 - 23 of the Khasi Autonomous District (Khasi Social Custom of Lineage) Act, 1997 is questioned in this public interest litigation.
The immediate cause of action is this.
By a letter dated 21st July, 2020 by the Under Secretary, government of Meghalaya, Social Welfare Department to the Deputy Page 1 of 3 Commissioners, East Khasi Hills District, Shillong and West Khasi Hills District, Nongstoin it was, inter alia, stated that the aforesaid Act did not prohibit the issuance of schedule tribe certificate "to the applicant adopting surnames of either from the father or mother and the practice of adopting husband surnames by non-khasi wife was also allowed."
On 21st May, 2024, the same Department through a Joint Secretary wrote to the said commissioners that the aforesaid letter dated 21st July, 2020 was being withdrawn.
As a result of this, we are told that the authorities are not issuing certificates to any khasi adopting his/her father's surname or husband's surname.
In brief, the contention of learned counsel for the petitioner is that provided a person fulfils the eligibility criteria of lineage and blood to qualify as a khasi under the said Act, subsequently amended in 2023 it does not matter whether the entitled person uses his/her father's or husband's surname and on that ground issuance of the certificate should not be denied. The letter of 21st July 2020 was correctly written and ought not to have been withdrawn on 21st May, 2024.
We have to adjudicate on the rival contentions. Page 2 of 3 We do not think at this stage for disposal of the public interest litigation, affidavits are required. If affidavits are required at a later stage, we shall call for them but in the interest of the Khasi community at large, this issue should be resolved as expeditiously as possible.
The Registrar General of this Court will serve a notice of this petition on the Advocate General. Another notice with a copy of the petition will be served upon him by the Advocate-on-Record for the petitioner.
List this public interest litigation on 7th August, 2025.
(W. Diengdoh) (I.P. Mukerji)
Judge Chief Justice
Meghalaya
23.07.2025
"Sylvana PS"
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