Calcutta High Court (Appellete Side)
Sanghamitra Sadhukhan vs State Of West Bengal & Ors on 2 December, 2021
07
02.12.2021.
d.p.
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A 2039 of 2021
(Via Video Conference)
Sanghamitra Sadhukhan
-versus
State of West Bengal & Ors.
Mr. Debabrata Saha Roy,
Mr. Indranath Mitra,
Mr. Subhankar Das,
Mr. Neil Basu.
...For the Petitioner.
Mr. Subir Sanyal,
Mr. Ratul Biswas.
...For the Board.
Mr. Arindam Chattopadhyay,
Ms. Lipika Chatterjee.
...For the State.
In response to an advertisement published by the
West Bengal Board of Primary Education for
recruitment of primary teachers on 23rd December,
2020, the petitioner participated in the said recruitment
process.
The petitioner claims that she belongs to the
OBC-B category and she is entitled to the relaxation as
mentioned in the notification.
On the date the interview was conducted by the
West Bengal Board of Primary Education, the petitioner
relied upon an OBC certificate dated 28th February,
2007 issued by the Sub-Divisional Officer, Sadar,
Hooghly wherein it has been mentioned that the
petitioner belonged to the 'Teli' Community which is
recognized as backward class.
2
The grievance of the petitioner is that though the
petitioner's candidature has been taken up for
consideration under the OBC category, but thereafter,
the respondents did not permit her to participate in the
interview as she did not have the proper OBC
certificate. The certificate which the petitioner was
carrying, did not mention whether she belongs to OBC
'A' or OBC 'B' category.
The petitioner relies upon a notification published
in the Kolkata Gazette Extraordinary, Government of
West Bengal dated 22nd May, 2012 to show that the
caste in which she belongs is included in the OBC 'B'
category.
The petitioner made an application before the
concerned authority for obtaining the caste certificate
mentioning the category of her caste. The current OBC
certificate issued in favour of the petitioner mentions
that the petitioner belongs to the OBC 'B' category. The
number of the certificate which was earlier issued is
reflected in the latter certificate issued by the
concerned authority.
The petitioner submits that she ought to be
treated as a candidate in the OBC 'B' category and
necessary steps ought to be taken by the respondent
authorities.
The respondent authorities have opposed the
prayer of the petitioner. It has been submitted that on
the date of the interview, the petitioner did not possess
any certificate mentioning in which category she
belongs.
Admittedly, on the date the interview took place,
the petitioner did not have a proper caste certificate in
terms of the recruitment notice that is mentioning the
category of her caste.
Be that as it may, it is by now well settled that an
individual is placed in a caste on the date the individual
is born. The petitioner at the time of her birth was born
in the OBC category. Caste certificate was issued in her
favour in 2007.
The Hon'ble Supreme Court by a judgment dated
24th February, 2016 in the matter of Ram Kumar
Gijroya -vs- Delhi Subordinate Services Selection Board
& Anr. in Civil Appeal No. 1691 of 2016 arising out of
SLP (C) 27550 of 2012 decided the issue as to whether
a candidate who appears in an examination under the
OBC category and submits the certificate after the last
date mentioned in the advertisement is eligible for
selection to the post under the OBC category or not.
The court held that in order to be considered for
the reserved category post the requirement is that a
person should belong to the reserved category. If a
person is in a reserved category it is so by birth and not
by acquisition of the category because of any other
event happening at a later stage. A certificate issued by
competent authority is only an affirmation of fact which
is already in existence. It is not that the petitioner did
not belong to the category prior to issuance of the
certificate and that he acquired this status only on the
date of issuance of the certificate.
The bifurcation, OBC 'A' and 'B' was introduced
later on in the year 2012. The petitioner did possess a
certificate of the other backward class issued in her
favour in year 2007. Though the petitioner ought to
have updated her OBC status and have produced
proper documents in support of the recruitment notice
but nonetheless, the non-submission or delayed
submission of the caste certificate mentioning the
proper category will not change the status of the
petitioner from the caste in which she actually belongs.
The petitioner is still a member of the other
backward classes and now according to the fresh
notification of the Government of West Bengal in the
year 2012 she is categorized in the OBC-B category.
As there is no dispute with regard to the caste of
the petitioner at present, accordingly, the instant writ
petition is disposed of by directing the West Bengal
Board of Primary Education to take into consideration
the caste certificate issued in favour of the petitioner
wherein it has been mentioned that she belongs to the
OBC 'B' category.
The authority concerned shall consider the
candidature of the petitioner treating her as a candidate
in the OBC 'B' category and take necessary steps in the
matter at the earliest, but positively within a period of
eight weeks from the date of communication of a copy
of this order.
W.P.A. 2039 of 2021 stands disposed of.
Urgent photostat certified copy of this order be
supplied to the parties, if applied for, as early as
possible.
( Amrita Sinha, J.)
