Page No.# 1/9 GAHC010087082025 2025:GAU-AS:6233 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2391/2025 DR BHASKAR SINGH S/O SRI. ARUN KUMAR SINGH PRESENTLY RESIDING AT HOUSE NO.135 VILLAGE- BETANI JHAR P.O. HALESWAR B.O. P.S- TEZPUR DISTRICT-SONITPUR ASSAM-784104 VERSUS THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF WELFARE OF PLAIN TRIBES AND BACKWARD CASTE DISPUR GUWAHATI-781006. 2:THE DIRECTOR WELFARE OF PLAIN TRIBES AND BACKWARD CASTE DEPARTMENT RUKMININAGAR DISPUR LAST GATE GUWAHATI781006 3:UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSIONS (DEPARTMENT OF PERSONNEL AND TRAINING) GOVERNMENT OF INDIA NORTH BLOCK NEW DELHI - 110001. Page No.# 2/9 4:THE DISTRICT COMMISSIONER SONITPUR TEZPUR DISTRICT- SONITPUR ASSAM-784001. 5:THE CIRCLE OFFICER TEZPUR REVENUE CIRCLE DISTRICT - SONITPUR ASSAM - 784001 6:THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE (B) DEPARTMENT GOVERNMENT OF ASSAM GUWAHATI-781006. 7:THE DIRECTOR OF MEDICAL EDUCATION OFFICE OF THE DIRECTOR OF MEDICAL EDUCATION ASSAM SIX MILE KHANAPARA GUWAHATI- 781022. 8:NATIONAL BOARD OF EXAMINATIONS IN MEDICAL SCIENCES REPRESENTED BY ITS EXECUTIVE DIRECTOR MEDICAL ENCLAVE ANSARI NAGAR MAHATMA GANDHI MARG RING ROAD NEW DELHI DELHI -110029 9:MEDICAL COUNSELLING COMMITTEE REPRESENTED BY THE DIRECTORATE GENERAL OF HEALTH SERVICES MINISTRY OF HEALTH AND FAMILY WELFARE ROOM NO.354 NIRMAN BHAWAN NEW DELHI - 110011. 10:MEDICAL COUNSELLING COMMITTEE REPRESENTED BY THE DIRECTORATE GENERAL OF HEALTH SERVICES MINISTRY OF HEALTH AND FAMILY WELFARE ROOM NO.354 NIRMAN BHAWAN NEW DELHI - 110011. Page No.# 3/9 ------------ Advocate for : R SARMAH Advocate for : SC WPT AND BC appearing for THE STATE OF ASSAM BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 19-05-2025 1. Heard Mr. R. B. Phookan, learned counsel for the petitioner and Mr. R. Dhar, learned Standing counsel, Tribal Affairs Department for the respondent Nos. 1 & 2. Also heard Mr. S.S.Roy, learned Central Government Counsel for the respondent No. 3, Mr. J. Handique, learned Standing counsel Revenue Department for the respondent Nos. 4 & 5 and Ms. D. Bora, learned Standing counsel, Health and Family Welfare Department for the respondent Nos. 6 & 7. 2. The petitioner herein has claimed to be a permanent resident of Assam. The petitioner has asserted that his father belongs to Koiri Ex-Tea Garden Labourer Tribe (Ex-TGL), which is recognised as More Other Backward Class (MOBC) by the Government of Assam and in this regard, the Caste Certificate dated 09.06.2015 has been issued in favour of the petitioner and thereafter, the Digital Caste Certificate has been issued on 29.09.2023. Earlier, the petitioner was also issued a Non-Creamy Layer Certificate (NCL) by the District Commissioner, Sonitpur on 22.02.2024. The petitioner had passed High School Leaving Certificate Examination in the year 2013 and High Secondary (Science) Examination in the year 2015 from the institutions within the State of Assam. Thereafter, the petitioner had obtained his MBBS Degree from Tezpur Medical College (affiliated to Srimanta Sankaradeva University of Health Sciences, Guwahati). After passing MBBS examination, the petitioner has desired to pursue the Post-Graduate Course. Page No.# 4/9 3. As there is requirement to submit a fresh Non-Creamy Layer Certificate for the purpose of pursuing the Post-Graduate course, the petitioner submitted an application through on-line mode on 29.03.2025 before the District Commissioner, Sonitpur for renewal of the Non-Creamy Layer Certificate. It is stated that when the petitioner wanted to know the status of his application as regards Non-Creamy Layer Certificate, the petitioner was verbally informed that for issuance of Non-Creamy Layer Certificate, a recommendation is sought from Chah Janajati Jatia Sanmilani, Assam in terms of the Notification issued by the Office of the District Commissioner, Sonitpur on 05.12.2024. However, no written communication has been provided to the petitioner till date for renewal of Non-Creamy Layer Certificate. 4. In the meantime, the petitioner came across the Notice dated 16.04.2025 issued by the National Board of Examination in Medical Sciences, New Delhi inviting application for NEET PG 2025 which is to be held on 15.06.2025. Learned counsel for the petitioner has submitted that as the renewed Non-Creamy Layer Certificate has not been issued till date, therefore, the petitioner applied/registered for NEET-PG 2025 under the OBC category on 01.05.2025 in terms of the Notice dated 16.04.2025. The petitioner will have to produce the Non-Creamy Layer Certificate during counseling session, if selected and non-production of the same, will lead to disqualification of the candidature of the petitioner. 5. On further inquiry, the petitioner has come to learn that there is a Notification dated 05.12.2024, issued by the District Commissioner, Sonitpur, wherein it is mentioned that identification and issuance of Caste Certificate of members of TGL/Ex-TGL community would require recommendation from the President and the General Secretary of Central Committees or its District Committees of M/s Chah Janajati Jatia Sanmilani, Assam. The Notification mentioned that such recommendation is a mandatory document for issuance of Caste Certificates for the members of the TGL/Ex-TGL community and it had been issued pursuant to a Notification dated 29.03.2022 of the Welfare of Plain Tribes & Backwards Classes Department, Government of Assam. Page No.# 5/9 6. The petitioner has further come to know that there is a Notification of the Welfare of Plain Tribes & Backwards Classes Department (since abolished) dated 29.03.2022. The contents of which read as under :- GOVERNMENT OF ASSAM WELFARE OF PLAIN TRIBES & BACKWARD CLASSES DEPARTMENT DISPUR::GUWAHATI-6 Block-D3rd Floor Janata Bhawan, wptbc.assam.gov.in.wptbc2014@gmail.com ORDERS BY THE GOVERNOR NOTIFICATION Dated Dispur the 29th March, 2022 No. TAD/BC/766/2021/18 In the interest of public service and in supersession of all earlier instructions in this regard, the Governor of Assam is pleased to authorize the President and General Secretary of the Central Committee and its District Committee of Chah Janajati Jatiya Sanmilan, Divisional Officer(C)s in the name of the original tribe/ sub-tribe/caste/sub- Community excluding 3 (three) districts i.e. Chachar, Hailakandi and Karimganj under Barak Valley Division. The existing provision will continue in respect of 3 (three) districts of Barak Valley. This notification shall come into effect from 1st May, 2022. Sd/- Principal Secretary to the Govt. of Assam WPT & BC Department 7. There was an earlier Notification dated 22.06.2009 of the WPT&BC Department, which authorised the President and the Vice-President of All Assam Tribal Sangha and the District Units of All Assam Tribal Sangha to identify the Page No.# 6/9 status of Scheduled Tribes communities and issue certificates to the Scheduled Tribes (P) and Scheduled Tribes (H) in Assam. 8. The statutory role provided to All Assam Tribal Sangha in the process of issuance of Social STATUS Certificate to Schedule Tribes (P)/Scheduled Tribes (H) came under examination before this Court in PIL No. 30/2019 and in another writ petition, i.e., WP(C) No. 4840/2018. During the course of deliberation of those proceedings before the Division Bench on 01.03.2023, it was informed that the Notification dated 22.06.2009 had already been withdrawn. 9. The Division Bench closed the proceedings of PIL No. 30/2019 and WP(C) No. 4840/2018 by its Order dated 01.03.2023 with the observation that the Hon’ble Supreme Court in Kumari Madhuri Patil and another Vs. Additional Commissioner, Tribunal Development and others, (1994) 6 SCC 241, in Paragraph 13 had observed that the application for grant of social status certificate shall be made to the Revenue Sub-Divisional Officers and the Deputy Collector or the Deputy Commissioner and the certificate shall be issued only by such officers. The Division Bench had further observed that the entity, like, All Assam Tribal Sangha can play only a recommendatory role in the process of issuance of social status certificate. 10. In the aforesaid backdrop, this Court asked the Department for their responses and accordingly, Mr. R. M. Das, learned Standing counsel, Social Justice & Empowerment Department, who is virtually present before this Court today, has produced certain instructions through his junior colleague present in the Court, which go to show that the State of Assam in the Department of Social Justice & Empowerment, issued guidelines/clarifications pertaining to the provisions/issuance/ non-issuance of Non-Creamy Layer Certificate by the Deputy/District Commissioners of the State, under its communication dated 12.09.2024. 11. The communication dated 12.09.2024, in summary, reflects the policy of the Page No.# 7/9 State that Non-Creamy Layer Certificate is to be issued in terms of the Office Memorandum issued by the Union of India in the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, Establishment (Reservation-I) Section, in this regard. It is not in dispute that in terms of the Office Memorandum issued by the Union of India, the issuance of Non-Creamy Layer Certificate depends upon the prescribed income/wealth criteria, and in this regard, the Union of India in the concerned Ministry had issued Notifications from time to time. Therefore, the question as to whether any recommendation is necessary from Chah Janajati Jatia Sanmilani, Assam, more particularly, in the backdrop that the already existing OBC certificate of the petitioner shall not detain this Court any more. 12. From the perusal of the Notifications issued by the Union of India prescribing income/wealth criteria as well as the guidelines dated 12.09.2024 issued to all the District Commissioners of the State of Assam, nowhere prescribes for any requirement of such recommendation from Chah Janajati Jatia Sanmilani, Assam or any such similar organization for issuance of Non-Creamy Layer Certificate and what is required is determination of the income i.e. whether person seeking such certificate, comes within the parameters of wealth-income criteria, based on which, a person can be brought under either Creamy Layer or Non-Creamy Layer. 13. In this regard, the determination made in Madhuri Patil (supra), more particularly at paragraph 13, lends support to what is determined hereinabove. The Notification dated 29.03.2022 of the WPT&BC Department, therefore, cannot be made applicable in the present case, more particularly, given the observation made in the Order dated 01.03.2023 passed by the Division Bench in PIL No. 30/2019. Therefore, the Notification dated 05.12.2024 of the District Commissioner, Sonitpur, which is based on the Notification dated 29.03.2022 of the WPT&BC Department, cannot also be made applicable to the case of the petitioner, i.e. issuance of Non-Creamy Layer Certificate. Page No.# 8/9 14. Even otherwise, when a person has already been issued the Social Status Certificate as OBC/MOBC category and such certificate is not in dispute and when a Non-Creamy Layer Certificate had already been issued earlier, it shall not be mandatory to have a recommendation from any entity, like, M/s Chah Janajati Jatia Sanmilani, Assam, for issuance of Non-Creamy Layer Certificate in respect of the petitioner, since such certificate primarily depends upon the income/wealth criteria and no fresh determination of caste status is required. 15. Given this position, the respondent authorities have committed an illegality in rejecting the petitioner’s application on the ground that there is no recommendation from Chah Janajati Jatia Sanmilani, Assam. Such a decision is not sustainable for the reasons recorded hereinabove, more particularly, the policies of the Union of India and the State of Assam holding in this field do not prescribe such procedure. Accordingly, such a decision stands set aside. 16. In view of the aforesaid, the following directions are issued: (i) The decision to seek a recommendation for issuance of a Non-creamy layer certificate stands quashed. (ii) The District Commissioner, Sonitpur is directed to complete the process for issuance of the required certificate on the basis of the application already pending before him in terms of the Government clarifications/guidelines and without insisting on recommendation from Chah Janajati Jatia Sanmilani, Assam and issue the certificate. (iii) Such exercise should be completed at the earliest, if the petitioner is entitled to the same, in terms of the existing norms, and within 10(ten) days from furnishing of a copy of this order by the petitioner before the District Commissioner, Sonitpur. The District commissioner shall take Page No.# 9/9 due note of the fact that there is an urgency as the petitioner is an aspiring student for admission into the Post- Graduate Medical Course, counselling of which, may be held in the coming month. 17. The writ petition stands allowed accordingly. Parties to bear their own costs. JUDGE Comparing Assistant