Page No.# 1/9 GAHC010151222026 2026:GAU-AS:11572 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3842/2026 SRI ABHISHEK SINGH S/O SRI. MONUWA SINGH, PRESENTLY RESIDING AT 1072, HARIGAON, NIKAMUL, TEZPUR, SONITPUR, ASSAM -784164. VERSUS THE STATE OF ASSAM AND 7 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SOCIAL JUSTICE AND EMPOWERMENT, DISPUR, GUWAHATI-781006. 2:THE DISTRICT COMMISSIONER SONITPUR TEZPUR DISTRICT- SONITPUR ASSAM PIN-784001. 3:DEPARTMENT OF SOCIAL JUSTICE AND EMPOWERMENT GOVT OF ASSAM REPRESENTED BY ITS SECRETARY DISPUR GUWAHATI -781006. 4:DIRECTORATE OF WELFARE OF SCHEDULED CASTES BACKWARD CLASSES REPRESENTED BY ITS DIRECTOR DEVELOPMENT CENTER SWAHID DILIP HUZURI PATH SARUMOTORIA DISPUR GUWAHATI-781026 Page No.# 2/9 5: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 DLEHI-110001. 6:THE STATE LEVEL POLICE RECRUITMENT BOARD REPRESENTED BY ITS CHAIRMAN ASSAM POLICE HOUSING CORPORATION LIMITED REHABARI GUWAHATI ASSAM 781008 7:THE DIRECTOR GENERAL OF POLICE ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI-781007. 8:SUPERINTENDENT OF POLICE SONITPUR TEZPUR SONITPUR DISTRICT ASSAM PIN- 784001 Advocate for the Petitioner : R SARMAH, MS M KAKOTY Advocate for the Respondent : DY.S.G.I., SC, WPT AND BC,SC, SOCIAL JUSTICE AND EMPOWERMENT,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 14.08.2026 Heard Mr. R. Sarmah, learned counsel for the petitioner; Ms. R.M. Deka, learned Page No.# 3/9 Standing Counsel, Department of Social Justice & Empowerment, Government of Assam for the respondent no. 1, 3 & 4; Mr. N. Das, learned Junior Government Advocate, Assam for the respondent no. 2, 6, 7 & 8; and Ms. P. Baruah, learned Central Government Counsel for the respondent no. 5. 2. Having regard to the issue involved in this writ petition and as sought for by the learned counsel for the parties, the writ petition is taken up for consideration at the motion stage itself. In view of the order to be passed, issuance of notice to the respondent no. 9 is found not necessary at this stage. 3. As per the projection made by the petitioner in this writ petition instituted under Article 226 of the Constitution of India, the family of the petitioner belongs to Koiri Tribe, which is a Tea Garden Labour [TGL] / Ex-Tea Garden Labour Tribe [Ex-TGL], and it is recognized as one among the More Other Backward Classes [MOBCs] communities by the Government of Assam. It is stated that the family of the petitioner since the time of his grandfather is inhabitant of Harigaon, Nikamul, Disctirct - Sonitpur, Assam. According to the petitioner, his grandfather, Ramprasad Singh has been an inhabitant of Horigaon for over 75 years and his name was included in the electoral roll of 1971 and thereafter, his grandfather also purchased a plot of land at Horigaon long back. The father of the petitioner, Monuwa Singh had worked in tea garden and he studied in Fakharuddin Ali Ahmed M.E. School, Borghat, Post Office – Kolihamari, District – Sonitpur till 1986. The petitioner’s father also owned of a plot of land measuring 1 Katha 3 Lessas, covered by Dag no. 300 and Patta no. 146, at Horigaon, Mouza – Holeswar, District – Sonitpur, Assam. 4. As regards the petitioner, it is stated that his date of birth is 25.09.2004, and he passed the High School Leaving Certificate [HSLC] Examination in 2020 and Higher Secondary Examination in 2022. He also obtained his Graduation degree in Commerce with Honours in Finance from Tezpur College under Gauhati University in the year, 2025. 5. It is stated that an Advertisement dated 05.12.2025 was published by the State Level Page No.# 4/9 Police Recruitment Board, Assam. By the said Advertisement, applications were invited for filling up a number of posts of Constables [UB] and Constables [AB] in Assam Police wherein a number of posts are shown to be reserved for Other Backward Classes [OBC] / MOBC category candidates. Finding himself eligible to apply, the petitioner responded to the Advertisement by submitting his application on 16.12.2025 along with all the other requisite testimonials as a MOBC candidate. The receipt of the application of the petitioner has been duly acknowledged vide Acknowledgement Slip dated 16.12.2025 with Registration number, Recruitment ID : AP3021011785. It is stated that the Physical Test Examination for recruitment to the post of Constables is scheduled to be held in October-November, 2026 and at that time, the petitioner will be required to submit his Caste Certificate [MOBC] to avail the benefit of reservation and for consideration of his case as a candidate from MOBC category. 6. The petitioner has stated that he was earlier issued a Caste Certificate [MOBC] by the All Assam Other Backward Classes Association on 15.06.2020 with endorsement of the Additional Deputy Commissioner, Sonitpur, Tezpur on it. In the said Caste Certificate, it is already mentioned that the petitioner belongs to Koiri Tribe, which is in the list of TGL and Ex-TGL Tribes, recognized by the Government of Assam as well as by the Government of India. The petitioner has stated that though the petitioner’s grandfather and father, by their own choice, did not apply for any Caste Certificate [MOBC] under TGL / Ex-TGL category, the petitioner’s uncle, Sikari Singh applied for such a Caste Certificate [MOBC] and he was issued an MOBC Caste Certificate [Koiri – Ex-TGL] on 28.11.1994 by the All Assam Other Backward Classes Association, which was countersigned by the Additional Deputy Commissioner, Sonitpur. 7. As the petitioner is in need of a fresh Caste Certificate [MOBC] belonging to TGL / Ex- TGL Tribe for the purpose of submitting it before the recruiting authority in the Assam State Level Police Recruitment Board during the Physical Test Examination, tentatively scheduled in October-November, 2026, he applied for a fresh Caste Certificate [MOBC] by submitting an online application on 06.06.2026. Acknowledgement receipt was also duly generated by the Office of the respondent no. 2. When the petitioner made an Page No.# 5/9 enquiry to know the stage of processing of the application by visiting the designated portal on 13.06.2026, he came to learn that for further processing of the application, recommendation of the Chah Janajati Jatiya Sanmilani, Asom [the respondent no. 9] would be required and with a remark to that effect, the processing of the application was kept pending. 8. In the above background, the petitioner has approached this Court by this writ petition seeking inter-alia a direction in the nature of mandamus to the respondent no. 2 to issue the Caste Certificate [MOBC] [TGL / Ex-TGL] in his favour immediately after due verification. 9. It is contended on behalf of the petitioner that the Assam Chah Janajati Jatiya Sanmilani is not a statutory authority for any recommendation at the stage of processing of an application for issuance of a Caste Certificate [MOBC] for TGL / Ex- TGL Tribes. As the petitioner belongs to Koiri category, which has already been recognized by both the Government of Assam and the Government of India as TGL / Ex-TGL Tribe, and the District Commissioner only is the competent authority, the application could not have been kept pending for want of recommendation from Chah Janajati Jatiya Sanmilani, Asom. 10. The learned counsel appearing for the State respondents have submitted that the Guidelines on the Standard Procedure for issuance of Scheduled Caste [SC], Scheduled Tribe [ST] and Other Backward Classes [OBC]/More other Backward Classes [MOBC] Certificates have been laid down in an Office Memorandum dated 08.08.2022 of the Department of Tribal Affairs [Plain], Government of Assam. It is submitted that in so far as issuance of a Caste Certificate to an applicant recognizing him to be from any TGL / Ex-TGL tribe is concerned, the condition of prior recommendation from Chah Janajati Jatiya Sanmilani, Asom finds place in a Notification bearing no. TAD/BC/766/2021/18 dated 29.03.2022 issued by the Welfare of Plain Tribes & Backward Classes Department, Government of Assam. 11. Admittedly, the application of the petitioner was submitted without any Page No.# 6/9 recommendation from Chah Janajati Jatiya Sanmilani, Asom. It is noticed from the Notification dated 29.03.2022 that the State Government has authorized the office bearers of the Central Committee and the District Committees of Chah Janajati Jatiya Sanmilani, Asom, as mentioned therein to give its recommendation in the name of the original tribe / sub-tribe / caste / sub-caste of the applicant and not as a member of Tea Garden / Ex-Tea Garden Community, prior to issuance of the Caste Certificate by the jurisdictional District Commissioner. In the Office Memorandum dated 08.08.2022 wherein the Guidelines on Standard Procedure for issuance of SC, ST and OBC/MOBC Certificates are laid down, the eligibility criteria are mentioned as follows, firstly, the applicant should be a citizen of India; secondly, the applicant should be a resident of Assam; and thirdly, the applicant must belong to the caste / tribe / community recognized as SC, ST and OBC/MOBC in the State of Assam. An application is to be submitted by filling up the online application form and attaching [1] the Caste / Tribe Certificate of the father of the applicant; or [2] an Identification Certificate issued by the authorized caste / tribe organization. The District Commissioner of the concerned district where the applicant is a resident, shall scrutinize the application and when the Caste / Tribe Certificate of the father of the applicant, if enclosed, is found to be genuine and bonafide, the District Commissioner concerned can issue the Caste / Tribe Certificate to such applicant. In case of any doubt on the authenticity of the Caste / Tribe Certificate of the applicant’s father, the District Commissioner shall cause an enquiry of the Caste/Tribe Certificate through the authorized Caste / Tribe Organizations. In case of any doubt on an Identification Certificate issued by Caste / Tribe organization, the District Commissioner will cause an enquiry through the Circle Officer. However, inquiry is to be limited to ascertaining the caste identity and not for production of data / documents such as NRC papers etc. 12. From a combined reading of the Notification dated 29.03.2022 and the Office Memorandum dated 08.08.2022, it is discernible the Government of Assam has recognized the organization, Chah Janajati Jatiya Sanmilani, Asom as the authorized Caste/Tribe organization to give recommendation in respect of TGL / Ex-TGL Tribes in the matter of issuance of Caste / Tribe Certificates for the TGL / Ex-TGL Tribes. Page No.# 7/9 13. The requirement of similar kind of recommendation for SC / ST Tribes came under consideration before a Division Bench of this Court in PIL no. 30/2019 and W.P.[C.] no. 4840/2018. In a Notification dated 22.06.2009 of the Government of Assam, requirement of recommendation from the organization, All Assam Tribal Sangha identifying the applicant to be belonging to a SC / ST Tribe was insisted upon for issuance of a Caste Certificate [SC / ST]. The Division Bench, in its Order dated 01.03.2023, had observed that the process, as made in the Notification dated 22.06.2009, would not be contrary to any provisions of any other law, if the exercise is limited to the extent of making a preliminary enquiry as to which person would belong to the Tribal communities for being entitled to a Certificate of their status. It has been clarified by the Division Bench that at the same time, the preliminary enquiry that may be made through All Assam Tribal Sangha shall not be construed to be the final material for the Deputy Commissioner or Deputy Collector or other competent authority for issuing the Certificates as such authorities shall also make their application of mind based on the materials that may be available for issuing the Certificates. The Division Bench closed the proceedings with the observation that the Hon’ble Supreme Court in Kumari Madhuri Patil and another vs. Additional Commissioner, Tribunal Development and other, [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. 14. As it is canvassed by the learned counsel for the State respondents that the recommendation from Chah Janajati Jatiya Sanmilani, Asom in the Notification dated 29.03.2022 is akin to the recommendation sought for from All Assam Tribal Sangha in case of Caste Certificates to be issued for SC / ST Categories and as observed by the Division Bench in its Order dated 01.03.2023 passed in PIL no. 30/2019 and W.P.[C.] no. 4840/2018, this Court is of the considered view that the recommendation of Chah Janajati Jatiya Sanmilani, Asom which is to be made after a preliminary enquiry, is a Page No.# 8/9 condition requisite for submitting an application by an applicant for issuance of a Caste Certificate by the jurisdictional District Commissioner for a candidate belonging to TGL / Ex-TGL categories. 15 In the above fact situation obtaining in the case in hand, the writ petition is disposed of with the following directions :- [1] the petitioner shall file an application before the respondent no. 9 within a period of 15 [fifteen] days from today along with all the supporting documents in support of his claim that he belongs to Koiri Community, which is one of the TGL / Ex-TGL Tribes, recognized by the Government of Assam and the Government of India; [2] on receipt of such an application from the petitioner, the respondent no. 9 shall proceed to consider and examine the case of the petitioner as per the Notification dated 29.03.2022 of the Welfare of Plain Tribes & Backward Classes Department, Government of Assam and the Office Memorandum dated 08.08.2022 of the Department of Tribal Affairs [Plain], Government of Assam and forward its recommendation to the respondent no. 2 within a period of 15 [fifteen] days from the date of receipt of the application from the petitioner. The respondent no. 9 shall also communicate to the petitioner the date of sending of its report to the respondent no. 2; [3] after receipt of the recommendation from the respondent no. 9, the respondent no. 2 shall proceed to consider and dispose of the application of the petitioner, submitted on 06.06.2026 and registered with Application ID/Acknowledgement no. SSDG/ED/CASTE/110294023, within a period of 15 [fifteen] days from the date of receipt of such recommendation from the respondent no. 9 by either issuing the Caste Certificate as applied for or by passing a Speaking Order in the event the petitioner is found to be a candidate not belonging to Koiri community [TGL/Ex-TGL Tribes]; and [4] In case of any doubt on the recommendation of identification certificate issued by the respondent no. 9, the respondent no. 2 is at liberty to cause an enquiry, as authorized by the Office Memorandum dated 08.08.2022 to ascertain the caste Page No.# 9/9 identity of the petitioner. 16. With the observations made and directions given above, the writ petition is disposed of. No cost. JUDGE Comparing Assistant