Gauhati High Court
Page No.# 1/5 vs The Union Of India And 7 Ors on 4 August, 2025
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/5
GAHC010088842025
2025:GAU-AS:10099
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2248/2025
SADHANA CHAUDHARI
REP. BY HER FATHER SRI BRAJANANDAN KUMAR CHAUDHARI, R/O-
VILL- BALIJAN BAJAR BASTI, P.O.- BAKALIA, P.S.- BAKALIA, DIST.- KARBI
ANGLONG, ASSAM.
VERSUS
THE UNION OF INDIA AND 7 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF INDIA,
MINISTRY OF HUMAN RESOURCE DEVELOPMENT, NEW DELHI.
2:NAVODAYA VIDYALAYA SAMITI
REP. BY ITS CHAIRMAN HAVING IT'S HEAD OFFICE AT B-15
INSTITUTIONAL AREA
SECTOR 62
NOIDA
PIN 201307
UTTAR PRADESH.
3:THE DEPUTY COMMISSIONER
REGIONAL OFFICE
NAVODAYA VIDYALAYA SAMITI
SHILLONG
BARIK POINT
TEMPLE ROAD
LOWER LACHUMIERE
SHILLONG
PIN 793001
MEGHALAYA.
4:THE PRINCIPAL
PM SHRI SCHOOL JAWAHAR NAVODAYA VIDYALAYA
Page No.# 2/5
DIPHU
KARBI ANGLONG
P.O. DIPHU
P.S. DIPHU
DIST. KARBI ANGLONG.
5:THE DISTRICT COMMISSIONER
KARBI ANGLONG-CUM-CHAIRMAN
PM SHRI SCHOOL JNV
DIPHU
KARBI ANGLONG
P.O. AND P.S. DIPHU
DIST. KARBI ANGLONG
ASSAM.
6:THE COMMISSIONER AND SECRETARY
WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES DEVELOPMENT
DISPUR
GUWAHATI
DIST. KAMRUP (M)
ASSAM.
7:THE STATE LEVEL CASTE SCRUTINY COMMITTEE
REP. BY THE CHAIRMAN/ SECRETARY
WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES DEVELOPMENT
DISPUR
GUWAHATI
DIST. KAMRUP (M)
ASSAM.
8:THE SECRETARY TO THE GOVT. OF ASSAM
SOCIAL JUSTICE AND EMPOWERMENT DEPT.
DISPUR
DIST. KAMRUP (M)
ASSAM
Advocate for the Petitioner : MR. R BORA, MR. D GOGOI
Advocate for the Respondent : DY.S.G.I., SC, SOCIAL JUSTICE AND EMPOWERMENT,GA,
ASSAM,SC, NVS
Page No.# 3/5
BEFORE
HON'BLE MR. JUSTICE NELSON SAILO
O R D E R
04.08.2025
Heard Mr. R. Bora, learned counsel for the petitioner, Ms. R.S
Choudhury, learned Standing Counsel, Navodaya Vidyalaya Samiti,
appearing for the respondent Nos. 2, 3 & 4 and Ms. R.Deka, learned
Counsel for the respondent Nos. 7 and 8.
2. Having regard to the nature of the case projected by the petitioner
and the subsequent development, the writ petition is taken up for disposal
at this stage.
3. The petitioner had earlier approached this Court by filing WP(C)
No.3975/2023 along with other similarly situated persons. The writ
petition came to be disposed of vide order dated 05.12.2023 by asking the
petitioners to approach the State Level Caste Scrutiny Committee along
with their respective certificates relied upon by them and that the
Committee should determine their social status in terms of the judgment
rendered by the Apex Court in Kumari Madhuri Patil and another -vs-
Additional Commissioner, Tribal Development and others, reported in
(1994) 6 SCC 241.
4. Facts of this case briefly is that the petitioner had secured admission
in Jawahar Navodaya Vidyalaya, Diphu under the Navodaya Vidyalaya
Samiti in Class-VI at the relevant time on the basis of the OBC certificate
that was obtained by her from the All Assam Other Backward Classes
Association on 05.05.2022. However, the school authorities had
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questioned the validity of the said certificate by asking the petitioner to
submit a reliable caste certificate issued by the competent authority failing
which, the admission given to the petitioner will have to be withdrawn.
Against such an action contemplated, the petitioner along with other
similarly situated persons had initiated the earlier writ petition as already
referred hereinabove. Pending scrutiny of the caste status of the petitioner
and others, it was also provided that as an interim measure, the
petitioners would continue to be provisionally admitted to the school
pending report from the State Level Caste Scrutiny Committee. In the
event, the report was given in favour of the petitioners, their provisional
admission would be regularized and if not, the provisional admissions will
not be allowed to continue and the petitioners will be governed by
paragraph-13 of the judgment in Kumari Madhuri Patil (supra).
5. Pursuant thereto, the petitioner submitted a certified copy of the
Court's order before the State Level Caste Scrutiny Committee on
02.04.2025 claiming that she belongs to the Gowala Sub-Community,
which is recognized as the Other Backward Classes and since the Principal
of the school did not accept the certificate, she requested the Committee
to do the needful in terms of the Court's order dated 28.03.2025 passed in
WP(C) No.1797/2025, which was the second writ petition filed by the
petitioner, allowing the petitioner to submit a representation before the
Committee for consideration and disposal. By the said order, an interim
protection was also given to the petitioner and admittedly, by virtue of the
said protection, the petitioner has continued her studies in the said school.
6. Consequently, in terms of the direction of this Court, the State Level
Caste Scrutiny Committee on being approached by the petitioner, gave the
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petitioner several opportunities to produce any documentary evidence to
corroborate her linkage to any Tea Garden to establish that she belongs to
Teli Community under TGL/Ex-TGL category. But, however, she failed to
produce any relevant material and finally, the Committee which met on
14.07.2025, in view of the failure on the part of the petitioner to submit
any material, decided not to give the petitioner any further opportunity.
Therefore, having regard to the directions passed by this Court in the
earlier writ petitions and the various opportunities given to the petitioner
to produce materials in support of her claim to be belonging to the OBC
community concerned, the petitioner only appears to have failed to
produce any such documents in support of her claim. In view of above,
there appears to be no reason to keep the writ petition pending.
7. The respondent No.8 has also filed an affidavit on 29.07.2025
showing the failure on the part of the petitioner to furnish any material in
support of her claim that she belongs to the OBC category.
8. The writ petition is therefore closed. The interim order passed earlier
stands vacated.
JUDGE
Comparing Assistant
