Page No.# 1/9 GAHC010171512018 2025:GAU-AS:9161 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5339/2018 HEMANTA DEKA S/O. LATE RAJANI KANTA DEKA, VILL. RAMCHA, P.O. GORESWAR, P.S. GORESWAR, DIST.- BAKSA (BTC), ASSAM. PIN 781366. VERSUS THE STATE OF ASSAM 4 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, WPT AND BC DEPTT., DISPUR, GUWAHATI. PIN 781006. 2:THE DEPUTY COMMISSIONER BAKSA MASHALPUR DIST. BAKSA (BTC) ASSAM PIN- 781372. 3:THE SUB-DIVISIONAL OFFICER TAMULPUR DIST. BAKSA (BTC) ASSAM PIN 781367. 4:ALL ASSAM TRIBAL SANGHA REP. BY THE PRESIDENT. HEAD OFFICE- TRIBAL REST HOUSE SOLAPARA PALTAN BAZAR GUWAHATI DIST. KAMRUP(M) ASSAM PIN 781008. 5:PRESIDENT TAMULPUR DISTRICT TRIBAL SANGHA Page No.# 2/9 VILL. BAREGAON P.O. AND P.S. TAMULPUR DIST. BAKSA (BTC) ASSAM PIN 781367 Advocate for the Petitioner : MR. M SARANIA, MS. I KEITZAR,MR. B DEORI Advocate for the Respondent : GA, ASSAM, MR. P HAZARIKA (r-4,5),P. BORAH (r-4,5),MR. H S BORAH (r-4,5),P. BORAH Linked Case : WP(C)/5536/2018 SRI KAMALESWAR DEKA S/O- SRI KRISHNA KANTA DEKA VILL- NO.2 GORESWAR P.O. GOREWAR P.S. GORESWAR DIST- BAKSA (BTC) ASSAM PIN- 781366 VERSUS THE STATE OF ASSAM AND 4 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM WPT AND BC DEPTT. DISPUR GHY-6 2:THE DY. COMMISSIONER BAKSA MASHALPUR DIST- BAKSA (BTC) ASSAM PIN- 781372 3:THE SUB-DIVISIONAL OFFICER TAMULPUR DIST- BAKSA (BTC) ASSAM PIN- 781367 Page No.# 3/9 4:ALL ASSAM TRIBAL SANGHA REP. BY THE PRESIDENT H.O. TRIBAL REST HOUSE SOLAPARA PALTAN BAZAR GHY DIST- KAMRUP (M) ASSAM PIN- 781008 5:PRESIDENT TAMULPUR DISTRICT TRIBAL SANGHA VILL- BAREGAON PO AND PS TAMULPUR DIST- BAKSA (BTC) ASSAM PIN- 781367 ------------ Advocate for : MR. M SARANIA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS. Linked Case : WP(C)/5343/2018 SRI CHITRADHAR DEKA S/O- SRI PRAFULLA DEKA VILL- DALANGDIA P.O. BETNA P.S. GORESWAR DIST- BAKSA (BTC) ASSAM PIN- 781366 VERSUS THE STATE OF ASSAM 4 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM WPT AND BC DEPTT. DISPUR GHY-6 2:THE DY. COMMISSIONER BAKSA MASSHALPUR DIST- BAKSA (BTC) ASSAM PIN- 781372 Page No.# 4/9 3:THE SUB-DIVISIONAL OFFICER TAMULPUR DIST- BAKSA (BTC) ASSAM PIN- 781367 4:ALL ASSAM TRIBAL SANGHA REP. BY THE PRESIDENT H.O. TRIBAL REST HOUSE SOALPARA PALTAN BAZAR GHY DIST- KAMRUP (M) ASSAM PIN- 781008 5:PRESIDENT TAMULPUR DISTRICT TRIBAL SANGHA VILL- BAREGAON PO AND PS TAMULPUR DIST- BAKSA (BTC) ASSAM PIN- 781367 ------------ Advocate for : MR. M SARANIA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM 4 ORS. Linked Case : WP(C)/5362/2018 MISS. NEENA LAHKAR AND ANR. D/O- SRI KUMUD CHANDRA LAHKAR VILL- KRISHNA NAGAR GOSHALA MALIGAON P.O. DEVKOTA NAGAR P.S. JALUKBARI DIST- KAMRUP (M) ASSAM PIN- 781011 2: SHRI SAURABH LAHKAR S/O- SRI KUMUD CHANDRA LAHKAR VILL- KRISHNA NAGAR GOSHALA MALIGAON P.O. DEVKOTA NAGAR P.S. JALUKBARI DIST- KAMRUP (M) Page No.# 5/9 ASSAM PIN- 781011 VERSUS THE STATE OF ASSAM AND 3 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT.OF ASSAM WPT AND BC DEPTT. DISPUR GHY-6 2:THE DY. COMMISSIONER BAKSA MASHALPUR DIST- BAKSA (BTC) ASSAM PIN- 781372 3:THE SUB-DIVISIONAL OFFICER TAMULPUR DIST- BAKSA (BTC) ASSAM PIN- 781367 4:ALL ASSAM TRIBAL SANGHA REP. BY THE PRESIDENT H.O. TRIBAL REST HOUSE SOLAPARA PALTAN BAZAR GHY DIST- KAMRUP (M) ASSAM PIN- 781008 ------------ Advocate for : MR. M SARANIA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS. Linked Case : WP(C)/5483/2018 MAHANANDA DEKA SON OF BRAJA NATH DEKA VILL. BAR-BELBARI P.O. AND P.S. TAMULPUR DIST. BAKSA (BTC) ASSAM PIN- 781367. VERSUS Page No.# 6/9 THE STATE OF ASSAM AND 4 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM WPT AND BC DEPTT. DISPUR GUWAHATI. PIN 781006. 2:THE DEPUTY COMMISSIONER BAKSA MASHALPUR DIST. BAKSA (BTC) ASSAM PIN 781372. 3:THE SUB-DIVISIONAL OFFICER TAMULPUR DIST. BAKSA (BTC) ASSAM PIN 781367. 4:ALL ASSAM TRIBAL SANGHA REP. BY THE PRESIDENT HEAD OFFICE- TRIBAL REST HOUSE SOLAPARA PALTAN BAZAR GUWAHATI DIST. KAMRUP(M) ASSAM. PIN 781008. 5:PRESIDENT TAMULPUR DISTRICT TRIBAL SANGHA VILL. BAREGAON P.O. AND P.S. TAMULPUR DIST. BAKSA (BTC) ASSAM PIN 781367. ------------ Advocate for : MR. M SARANIA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS. Linked Case : WP(C)/5342/2018 BHUPEN DEKA S/O- SRI LALIT DEKA VILL- SILKIJHAR P.O- BETNA P.S- GORESWAR DIST- BAKSA(BTC) Page No.# 7/9 ASSAM PIN- 781366 VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM WPT AND BC DEPTT DISPUR GUWAHATI- 781006 2:THE DEPUTY COMMISSIONER BAKSA MUSHALPUR DIST- BAKSA BTC ASSAM PIN- 781372 3:THE SUB DIVISIONAL OFFICER TAMULPUR DIST-BAKSA BTC ASSAM PIN- 781367 4:ALL ASSAM TRIBAL SANGHA REP. BY THE PRESIDENT HEAD OFFICE- TRIBAL REST HOUSE SOLAPARA PALTAN BAZAR GUWAHATI DIST- KAMRUP(M) ASSAM PIN- 781008 5:PRESIDENT TAMULPUR DISTRICT TRIBAL SANGHA VILL BAREGAON P.O AND P.S- TAMULPUR DIST- BAKSA BTC ASSAM PIN- 781367 ------------ Advocate for : MR. M SARANIA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS Page No.# 8/9 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 16.07.2025 1. Heard Mr. M. Sarania, learned counsel for the petitioners. Also heard Mr. P. Hazarika, learned counsel for the respondent All Assam Tribal Sangha and Mr. S. S. Roy, learned State counsel representing the State respondents. 2. This writ petitions are taken up together for final determination as proposed and agreed by the learned counsel for the parties inasmuch as prayers made are similar. 3. According to the petitioners, they belong to Scheduled Tribe (Plain) Boro-Kachari community of the State. Their grievance is that though they are having a ST(P) certificate being member of Boro-Kachari community, however, their sons and daughters are denied such certificate by the authorities. Being aggrieved, they have approached this Court. 4. Mr. Hazarika, learned counsel appearing on behalf of All Assam Tribal Sangha and Mr. S. S. Roy, learned State counsel representing the State respondents submits that for issuance of Scheduled Caste, Scheduled Tribe and Other Backward Classes/More Other Backward Classes certificate, a guideline has been issued in the form of an Office Memorandum under Memo No. TAD/BC/321/2022/20 dated 08.08.2022 and detail procedure has been prescribed in the aforesaid guideline. The eligibility for application is also detailed under the aforesaid guideline including the form of application. 5. Paragraph 7 of the said Office Memorandum prescribes the detailed procedure of issuance of certificate through online mode. 6. Therefore, it is the submission of the learned counsel for the Page No.# 9/9 respondents that, if the petitioners apply for such an application, their case shall be considered as per extant norms and guideline. 7. The learned counsel for the petitioners submits that in view of submission of the learned counsel for the respondents, the petitioners shall file application in terms of the Office Memorandum dated 08.08.2022 and therefore, the writ petitions can be closed with a liberty to the petitioners to approach this Court again, in the event, any grievance arises. 8. Considering the submissions made and also taking note of the Office Memorandum dated 08.08.2022, the writ petitions stands disposed of permitting the petitioners/their sons and daughters to make application for issuance of caste certificate in terms of the said Office Memorandum dated 08.08.2022. In the event, such applications are filed, same be considered by the State as per extant norms and as per law. 9. Needless to say that if any grievances remains, the petitioners shall always be at liberty to approach the appropriate forum including this Court. 10. This disposes the writ petitions. JUDGE Comparing Assistant