Page No.# 1/11 GAHC010002622025 2025:GAU-AS:17167 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/62/2025 KANGKAN JYOTI MALAKAR S/O DHARMESWAR MALAKAR, RESIDENT OF HAJO BARCHAPORI, PS AND PO HAJO, DIST KAMRUP R ASSAM 781102 VERSUS INDIAN OIL CORPORATION LIMITED AND 2 ORS REPRESENTED BY ITS CHIEF GENERAL MANAGER, GUWAHTAI DIVISIONAL OFFICE, 4TH FLOOR, EAST POINT TOWER, BAMUNIMAIDAM, GUWAHATI 781021 ASSAM 2:THE DEPUTY GENERAL MANAGER HUMA RESOURCE INDIAN OIL CORPORATION LIMITED GUWAHATI REFINERY NOONMATI GUWAHATI 781020 ASSAM 3:THE DEPUTY COMMISSIONER/ DISTRICT MAGISTRATE KAMRUP R ASSA Advocate for the Petitioner : MR. P KALITA, MS S SHARMA,MR. K MOHAMMED,MR. D DAS SR. ADV,MR. I CHOUDHURY,M INGTI Advocate for the Respondent : GA, ASSAM, MR. S BANIKYA(R-1,2),MR. M GOGOI (R-1,2),MR. N DEKA(R-1,2) BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 10-12-2025 Page No.# 2/11 Heard Mr. D. Das, learned Sr. counsel assisted by Mr. K. Mohammad, learned counsel for the petitioner. Also heard Mr. N. Deka, learned standing counsel, IOCL appearing for the respondent Nos. 1 & 2 and Ms. M. Bhattacharjee, learned Addl. Sr. Govt. Advocate, Assam appearing for the respondent Nos. 3. 2. The petitioner by way of instituting the present proceeding has assailed the cancellation of his candidature against the post of Junior Engineering Assistant-IV (Production) in pursuance to the advertisement dated 20-07-2024, on the ground of inconsistency found in the form of caste certificate submitted by the petitioner in the matter. The specific ground of rejection of the candidature of the petitioner is that in the caste certificate so issued to the petitioner his caste/ sub-caste was not mentioned, therein. 3. The petitioner projects that he belongs to the sub-caste ‘Mali’ which is recognized as “Schedule Caste” community in the State of Assam. In pursuance to the advertisement dated 20-07-2024 issued by the Indian Oil Corporation Ltd. (IOCL) authorities for recruitment to various posts, including the post of Junior Engineering Assistant-IV (Production) having post code number 201, the petitioner having fulfilled the requisite eligibility criteria submitted his candidature against the same. In terms of the provision of Clause-13 of the said advertisement the candidates were to upload various documents including their schedule caste/ schedule tribe/ other backward classes certificate in the form prescribed. The petitioner had along with his application, uploaded a Caste Certificate, in the prescribed form, issued earlier to him by the office of the District Commissioner, Kamrup at Amingaon. Page No.# 3/11 The petitioner was, thereafter, issued with a admit card for appearing in the Computer Based Test, which was held on 29-09-2024. The petitioner appeared in the said examination. As per the procedure mandated in the advertisement, on completion of the computer based test, a list of candidates found suitable for the next stage of the recruitment, i.e. Skill/ Proficiency/ Physical Test (SPPT) would be published in the website of the respondent/ IOCL. The score card of the petitioner, herein, was uploaded in the website and therein it was disclosed that he had scored 51 marks in the Computer Based Test. However, his candidature was not considered for further stages of the selection process on the ground that his caste could not be verified as the name of his sub-caste was not found mentioned in the caste certificate uploaded by. The petitioner being aggrieved has instituted the present proceeding. 4. Mr. D. Das, learned Sr. counsel appearing for the petitioner after reiterating the facts noticed, hereinabove, has submitted that the fact that the petitioner belongs to the Schedule Caste community is not in dispute. Further the certificate as produced by him certifying his Schedule Caste status was issued by the competent authority, which is also not disputed by the authorities. Mr. Das submits that in the certificate so issued to the petitioner by the competent authority of the State, in the format prescribed, his sub-caste was not mentioned. He submits that the said error had occasioned at the end of the authority issuing the said certificate and the petitioner is at no fault for such omission. He submits that the respondent/ IOCL by taking a hyper-technical view in the matter had proceeded to reject the candidature of the petitioner after completion of the Computer Based Test. Mr. Das by referring to the marks scored by the petitioner, as uploaded by the Page No.# 4/11 IOCL authorities in the website, submits that the petitioner in the Computer Based Test had scored 51 marks, while cutoff marks for the Schedule Caste community in the said test was 47 marks and accordingly, the petitioner had achieved the benchmark for being appointed against the post of Junior Engineering Assistant-IV (Production). 5. By referring to the selection methodology for the recruitment as prescribed in the advertisement, Mr. Das submitted that the recruitment consists of 02 (two) segments i.e. Computer Based Test and Skill/ Proficiency/ Physical Test (SPPT). He submits that it was stipulated in the advertisement that SPPT would be only of qualifying nature and accordingly, the selection is to be made basing on the marks secured by the candidates in the Computer Based Test. Mr. Das further submits that the Schedule Caste certificate, in the prescribed format as submitted by the petitioner not being held to be a false one and the said certificate having demonstrated the petitioner to be belong to the schedule caste community, the error occasioning at the end of the issuing authority of the said certificate in not specifying the sub-caste of the petitioner, could not have been projected as a ground to reject the case of the petitioner, herein, when the said fact was a verifiable one. He further submits that the office of the District Commissioner, Kamrup at Amingaon had vide communication dated 03-04-2025 informed the IOCL authorities that the petitioner on verification was found to be belong to the ‘Mali’ caste, which is recognized as Schedule Caste in the State of Assam. In the above premises, Mr. Das submits that this Court would be pleased to direct the IOCL authorities to consider the candidature of the petitioner against one of the two posts of Junior Engineering Assistant-IV (Production) put up for recruitment, filling up of which has been kept in abeyance by this Court in the Page No.# 5/11 present proceeding. 6. Per contra, Mr. N. Deka, learned standing counsel, IOCL appearing for the respondent No. 1 submits that the petitioner’s caste not being permissible to be determined from the Caste Certificate as furnished by him, the respondent No. 1/ IOCL had not further proceeded to consider the case of the petitioner in the recruitment process after the Computer Based Test segment. He submits that the caste certificate submitted by the petitioner in the prescribed format being found to be defective, as the sub-caste of the petitioner was not reflected therein, the IOCL authorities finding that the petitioner had not uploaded the requisite documents in the manner required, proceeded not to consider the case of the petitioner any further in the recruitment process after the stage of the computer based test and other candidates belonging to the Schedule Caste community were considered in the further stages of the recruitment process. Mr. Deka has further submitted that the Caste Certificate uploaded by the petitioner is not in the format as appended to the advertisement dated 20-07-2024, but the same is an old caste certificate dated 04-11-2019 which was defective as the sub-caste of the petitioner was not mentioned, therein. 7. Mr. Deka has submitted that the participation of the petitioner in the Computer Based Test segment, of the selection process would not confer upon him any right to be further considered in the next stages of the recruitment process, inasmuch as, the verification of documents uploaded by the candidates, is so carried out after the completion of the Computer Based Test. Accordingly, on scrutiny made of the documents uploaded by the petitioner and his caste certificate being found to be defective and it not Page No.# 6/11 being permissible to determine the Schedule Caste status of the petitioner, the candidature of the petitioner came to be cancelled. In the above premises, he submits that the petitioner has failed to make out a case requiring the interference by this Court in the matter. 8. I have heard the learned counsel for the parties and also perused the materials available on record. 9. The facts noticed hereinabove are not in dispute. The petitioner in the Computer Based Test had secured 51 (fifty one) marks which is found to be above the cutoff marks for the Schedule Caste community candidates in the recruitment process. In terms of the said advertisement out of the posts of Junior Engineering Assistant-IV (Production) 02 (two) posts were reserved for the Schedule Caste community candidates in Guwahati Refinery. This Court vide order dated 08-01-2025, while issuing notice in the matter, had directed the respondent No. 1/ IOCL not to fill up 01 (one) post of Junior Engineering Assistant-IV (Production) reserved for the Schedule Caste community candidates. The said interim direction continues to hold the field as on date. 10. As noticed, hereinabove, the petitioner being a member of the Schedule Caste community, in support of his such caste status had along with his application uploaded a caste certificate available with him dated 04-11-2019. In the said caste certificate unfortunately the sub-caste of the petitioner was not disclosed by the issuing authority. The Constitution (Schedule Caste) Order, 1950, identifies certain caste in the State of Assam to belong to the Schedule Caste community. Accordingly, non-disclosure in the caste certified uploaded by the petitioner about his caste, prevented the authorities of the Page No.# 7/11 respondent No. 1/ IOCL at the time of verification of the documents of the petitioner to ascertain that the petitioner actually belonged to the Schedule Caste community. To this extent, this Court does not find any error with regard to the decisions taken by the authorities of the respondent No. 1/ IOCL not to further consider the case of the petitioner in the recruitment process. Having considered thus, this Court also notices that the caste certificate as uploaded by the petitioner, issued by the office of the District Commissioner, Kamrup at Amingaon has not been disputed by the respondent No. 1/ IOCL to be a fake or forged one. The said certificate having disclosed that the petitioner belonged to the Schedule Caste community, in the event of any requirement for further clarification, the authorities of the respondent No. 1/ IOCL could have proceeded to receive such clarification from the office of the District Commissioner, Kamrup at Amingaon, from where the said certificate was issued to the petitioner. Only on account of an error occasioning in not describing the sub-caste of the petitioner, but recognizing him to belong to a Schedule Caste community by the authority issuing the said certificate in the format prescribed, the petitioner who admittedly was successful in the Computer Based Test and had secured more marks than the cutoff marks prescribed, ought not to have been deprived of his due appointment. 11. This Court finds from the materials brought on record that the office of the District Commissioner, Kamrup at Amingaon had vide a communication dated 03-04-2025 intimated the authorities of the respondent No. 1/ IOCL, that the petitioner belong to the ‘Mali’ caste which was recognized as Schedule Caste community under the Constitution (Schedule Caste) Order, 1950. This Court also finds that the petitioner, herein, was earlier Page No.# 8/11 issued with a caste certificate from the office of the District Commissioner, Kamrup at Amingaon on 30-04-2011 wherein the sub-caste of the petitioner was denoted as ‘Mali’, however, the said certificate was not produced before the authorities of the IOCL in pursuance to the advertisement in question. The materials brought on record having demonstrated existence of historical documents establishing the petitioner to belong to the ‘Mali’ community which admittedly is recognized as a Schedule Caste community in the State of Assam, this Court is of the considered view that for the technicality occasioning in not disclosing the sub-caste of the petitioner in the format of the caste certificate uploaded by him in pursuance to the advertisement dated 20-07-2024, the petitioner should not be deprived of an opportunity to have his case considered for appointment against the post of Junior Engineering Assistant-IV (Production), more so, when he has secured marks in the Computer Based Test segment, above the cutoff marks. 12. Having drawn the above conclusions, this Court would now examine the methodology of the selection process as set out in the advertisement dated 20-07-2024. The methodology so prescribed, being relevant, is extracted here-in-below:- “Selection Methodology: 1. The selection methodology will comprise Computer Based Test (CBT) and a Skill/Proficiency/Physical Test (SPPT). The SPPT will be of qualifying nature. 2. Computer Based Test (CBT): The Computer based test will consist of one objective type paper containing 100 questions carrying 1 marks each and the time allotted for completing the CBT is 120 minutes. CIFT for a discipline may be conducted in one/two/three sessions in a single day. In case the CBT is conducted in more than one session for the same post, the process of "Score Normalisation" shall be adopted as per details mentioned at Annexure-II below.” Page No.# 9/11 13. A perusal of the said methodology would reveal that the recruitment is to consist of 02 (two) segments, (a) Computer Based Test and (b) Skill/ Proficiency/ Physical Test (SPPT). The SPPT is stipulated to be of a qualifying nature. The petitioner admittedly having scored 51 (fifty one) marks in the computer based test and it being above the cutoff marks worked out in the recruitment process for the Schedule Caste community candidates, which is stipulated to be 47 (forty seven) marks, the petitioner is entitled to have his case considered for appointment against the said post. However, the petitioner not being permitted to appear in the Skill/ Proficiency/ Physical Test (SPPT) on account of his caste certificate being found to be defective, this Court is of the considered view that the petitioner would now be required to be allowed to participate in the SPPT segment and thereafter, basing on his performance therein and in the event, he qualifies the said segment of the recruitment process, to be considered for appointment against one of the posts of Junior Engineering Assistant-IV (Production) out of the 02 (two) posts earmarked for Guwahati Refinery in the advertisement dated 20-07-2024. 14. In view of the above conclusions reached by this Court, the following directions are passed: (a) The respondent authorities would now consider the petitioner to be belonged to the ‘Mali’ community which is recognized as a Schedule Caste community in the State of Assam in terms of the Constitution (Schedule Caste) Order, 1950. The petitioner shall furnish before the respondent authorities/ IOCL a certificate issued by the competent authority including the certificate dated 30-04-2011 annexed to the writ petition, as Annexure-3, in support of his claim to belong to Page No.# 10/11 a community which is recognized as a Schedule Caste community in the State of Assam. The petitioner shall submit the said certificate along with a representation and a copy of this order within a period of 01 (one) month from today. On receipt of the such representation from the petitioner along with the Caste Certificate it would be open to the respondent authority/ IOCL to have the same verified from the issuing authority. (b) The authorities of the respondent No. 1/ IOCL on receipt of the representation from the petitioner along with his Caste Certificate shall allow the petitioner to undergo the SPPT component of the selection process and in the event the petitioner qualifies therein, the petitioner shall be extended with an appointment against the post of Junior Engineering Assistant-IV (Production). (c) The said exercise shall be completed by the respondent authorities within a period of 03 (three) months from the date of receipt of a certified copy of this order along with the Caste Certificate from the petitioner in terms of the direction passed, hereinabove. (d) Till completion of the exercise in terms of the directions, passed hereinabove, the interim direction passed by this Court vide order dated 08-01-2025 shall continue to hold the field. 15. With the above directions and observations, the present writ petition stands disposed of. JUDGE Page No.# 11/11 Comparing Assistant