Page No.# 1/5 GAHC010022542018 undefined 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 Page No.# 2/5 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 Page No.# 3/5 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 Page No.# 4/5 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 Page No.# 5/5 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