Gauhati High Court
Rupam Kumar Das vs The Gauhati High Court And 9 Ors on 10 February, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
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GAHC010022542018
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/762/2018
RUPAM KUMAR DAS
S/O- DWIJEN CHANDRA DAS, VILL NO.2, BOULAJHAR, P.O- BIJNI, P.S AND
P.O- PANBARI, DIST- CHIRANG, BTAD, ASSAM, PIN- 783391
VERSUS
THE GAUHATI HIGH COURT AND 9 ORS.
REP. BY THE REGISTRAR GENERAL, GAUHATI HIGH COURT, PANBAZAR,
GUWAHATI- 01, ASSAM
2:THE CENTRALISED RECRUITMENT
REP. BY THE REGISTRAR (ADMN) CUM IN CHARGE
GAUHATI HIGH COURT
PANBAZAR
GUWAHATI- 01
ASSAM
3:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO HE GOVT OF ASSAM
JUDICIAL DEPTT.
DISPUR
GUWAHATI-6
4:THE COMMISSIONER AND SECRETARY
TO THE GOVT OF ASSAM
WELFARE OF PLAINS TRIBE AND BACKWARD CLASSES DEPTT.
DISPUR
GUWAHATI-6
5:THE DISTRICT AND SESSIONS JUDGE
CHIRANG
DIST- CHIRANG
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BTAD
ASSAM
PIN- 783385
6:THE PRESIDENT
ASSAM OTHER BACKWARD CLASSES ASSOCIATION
S K BARUAH ROAD
GUWAHATI-06
7:THE DEPUTY COMMISSIONER
CHIRANG DISTRICT
KAJALGAON
DIST- CHIRANG
BTAD
ASSAM
PIN- 783385
8:THE PRESIDENT
THE DISTRICT OTHER BACKWARD CLASSES ASSOCIATION
CHIRANG
OFFICE OF THE SUB- DIVISIONAL OFFICER(CIVIL)
BIJNI
DIST- CHIRANG
BTAD
ASSAM
PIN- 783390
9:GOPAL SARKAR
THE PRESIDENT DISTRICT OBC ASSOCIATION
BIJNI
S/O- UMESH SARKAR
R/O- VILL- BHETAGAON NO.2
(NEAR BIVYAPITH H S SCHOOL)P.O AND P.S- BIJNI
DIST- CHIRANG
BTAD
ASSAM
PIN- 783390
10:JNUI SAHA
D/O- JIBON CHANDRA SAHA
R/O- BORO KALIBARI ROAD
WARD NO.1
BIJNI TOWN
DIST- CHAIRANG
BTAD
ASSAM
PIN- 78339
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For the Petitioner(s) : Mr. K. R. Patgiri, Advocate
For the Respondent(s) : Mr. T. J. Mahanta, Sr. Advocate
: Mr. B. J. Mukherjee, Advocate
: Mr. S. Dutta, Advocate
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 10.02.2025
Heard Mr. K. R. Patgiri, the learned counsel appearing on behalf of
the Petitioner and Mr. T. J. Mahanta, the learned Senior counsel who is
also the standing counsel of the Gauhati High Court appearing on behalf
of the Respondent Nos. 1, 2, 3 and 5. I have also heard Mr. B. J.
Mukherjee, the learned counsel appearing on behalf of the Respondent
No.10.
2. The materials on record reveals that on 07.09.2015, an
advertisement was issued for filling up of 397 posts of computer typist
for the Sub-Ordinate Judiciary of Assam. The Petitioner herein
participated in the said selection proceedings. On 08.06.2017, notification
was issued by the Gauhati High Court notifying those who have been
provisionally selected and recommended for appointment. The
Respondent No.10 was selected in the OBC category in the District of
Chirang along with one Ms. Arunima Ray. The Petitioner herein was put in
the wait list under the OBC category. The Petitioner thereupon made
certain enquiries and could come to learn that the Respondent No.10 do
not belong to the OBC category. It is under such circumstances, the
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Petitioner has approached this Court for setting aside the OBC certificate
issued in favour of the Respondent No.10 and the consequential reliefs
thereupon as regards the setting aside of the selection of the Respondent
No.10 as well as the appointment of the Respondent No.10.
3. Upon hearing the learned counsels for the parties, this Court put a
specific query upon the learned counsel for the Petitioner as to whether
this Court would be competent to decide on the legality and validity of
the OBC certificate issued in favour of the Respondent No.10. The
learned counsel for the Petitioner submitted that in view of the judgment
in the case of Kumari Madhuri Patil & Another vs. Additional
Commissioner, Tribal Development & Others reported in (1994) 6 SCC 241,
the appropriate authority to decide the legality and validity of the caste
certificate issued to the Respondent No.10 would be the State Level
Caste Scrutiny Committee of the Government Assam.
4. Taking into account the above and more particularly taking note of
paragraph No.13 of the judgment in the case of Kumari Madhuri Patil
(supra), it is the opinion of this Court that an adjudication by the State
Level Caste Scrutiny Committee of the Government of Assam on the OBC
certificate of the Respondent No.10 would be the proper course for the
interest of justice.
5. Accordingly, the instant writ petition therefore stands disposed of
thereby directing the State Level Caste Scrutiny Committee of the
Government of Assam to decide the legality and validity of the OBC
certificate of the Respondent No.10 bearing No.3209 dated 26.05.2006
issued by the President, District Other Backward Classes Association
Chirang at Bijni. The said adjudication shall be carried out by following
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the mandate of paragraph No.13 of the judgment in the case of Kumari
Madhuri Patil (supra) as well as any other notifications issued in that
regard by the Government of Assam. The said adjudication be carried out
and completed within a period of 6 (six) months from the date a certified
copy of the instant order is served upon the Chairman of the Assam State
Level Caste Scrutiny Committee.
6. Taking into account the above directions, this Court has not
expressed any view in respect to the consequential directions so sought
for as regards the challenge to the selection as well as the appointment
of the Respondent No.10. It is observed that the same shall depend on
such adjudication being carried out by the State Level Caste Scrutiny
Committee.
JUDGE
Comparing Assistant
