Extracted from the PDF above. The PDF is authoritative.
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
Page No.# 4/5 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
Page No.# 5/5 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