The Gauhati High Court directed State authorities to expeditiously decide whether an OBC certificate from Manipur entitles a migrant candidate to OBC reservation in Assam for a lecturer post, reiterating a previous order.
Directed State Government to decide on the applicability of Manipur OBC certificate in Assam within four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010109022014
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1576/2014
1:Y. KLUNJALAL SINGHA
S/O Y. MANGOLJAO SINGHA, R/O PWD COLONY, P.O. TARAPUR, SILCHAR, DIST- CACHAR, ASSAM
VERSUS
1:THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY, DEPARTMENT OF HIGHER EDUCATION, ASSAM, DISPUR, GHY-6
2:THE DIRECTOR HIGHER EDUCATION ASSAM KAHILIPARA GHY-19
3:THE GOVERNING BODY JANATA COLLEGE REPRESENTED BY ITS SECRETARY CUM PRINCIPAL P .O. KABUGANJ DIST- CACHAR ASSAM
4:THE SELECTION COMMITTEE OF JANATA COLLEGE TO BE REPRESENTED BY ITS CHAIRMAN C/O PRINCIPAL JANATA COLLEGE CACHAR P.O. KABUGANJ PIN-788121 DIST- CACHAR ASSAM
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5:DR. SUPRABIR DUTTA ROY PRINCIPAL JANATA COLLEGE CACHAR P.O. KABUGANJ PIN-788121 DIST- CACHAR ASSAM
6:S. RABINDRA SINGHA S/OR/O IMPHAL MANIPUR PRESENTLY R/O C/O SHRI KHANGEMBAM HARI SINGHA R/O HEISNAM LEIKAI VILL. and P.O. SINGERBOND P.S. LAKHIMPUR DIST- CACHAR ASSAM PIN-78813
Advocate for the Petitioner : MR.M A I HUSSAIN
Advocate for the Respondent : MR.B SINHA
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
ORDER
06.02.2020
Heard Mr. A.R. Bhuyan, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned standing counsel, Higher Education Department and Mr. A.D. Choudhury, learned counsel appearing for respondent No.6. None appears for the other respondents.
2. This is a petition necessitated on account of lack of decision by the competent authority of the State of Assam as regards the status of an OBC certificate possessed by a person who has migrated from the State of Manipur to the State of Assam carrying the
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certificate issued by the State of Manipur. Without going into details of the case, suffice to mention only that the petitioner is a Manipuri, a resident of Assam in the Cachar district and who belongs to OBC in the State of Assam and also a candidate for appointment to the post of Lecturer of Manipuri subject in Manipuri Department in the Janata College, Kabuganj, Cachar. The respondent No.6, herein, is also a candidate who had been recommended and now appointed to the post of Assistant Professor in Manipuri in the aforesaid college. The respondent No.6 however, though a Manipuri, was earlier a permanent resident of the State of Manipur and later migrated to the State of Assam and applied for the said post carrying with him the OBC certificate issued while he was in the State of Manipur.
3. There is no dispute to the fact that Manipuris are treated to be OBC in the both the State of Manipur as well as in Assam. However, the dispute revolves round the issue as to the whether an OBC certificate issued in favour of a Manipuri who was a permanent resident of Manipur could take benefit of the certificate issued in his favour while in the State of Manipur as OBC Manipuri in the State of Assam.
4. It is the specific contention that since the respondent No.6 was not given the OBC certificate by the State of Assam, the said certificate issued by the State of Manipur will not be applicable in the present case. This issue is not a new one and had been traversed before this Court in WP(C) No.4189/2009 and this Court after discussing the matter had directed the authority to take a decision in accordance with law and as such it will be apposite to reproduce the relevant portion of the aforesaid direction issued by this Court in WP(C) No.4189/2009 on 19.11.2013 as follows:-
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respondent No.6 will get reorganization in the State of Assam or not. While it is the case of the petitioner that the respondent No.6 even if belongs to OBC category, the said status being within the State of Manipur, he cannot carry the said status to another State (in this case, State of Assam) so as to claim selection and appointment to the post in question. On the other hand, the stand of the respondents as noted above is that since the same is recognized as Manipuri including the Manipuri Brahmin and Manipuri Muslim, it will certainly include candidates like that of the respondent No.6. Another point argued by them is that since the post in question is that of Lecturer in Manipuri, it is in the interest of the college, which is to be born in mind, instead of giving any narrow interpretation to the particular status of the respondent No.6.
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5. Learned counsel for the petitioner submits that though the State authorities purportedly in compliance with the said order had issued a speaking order on 21.12.2013, perusal of the said speaking order would indicate that nothing was really spoken of as far as the substantial issue was concerned. The said so called speaking order is merely a narration of certain facts of the case without making any decision of the core issue which was required to be decided by the authority and accordingly, the petitioner has been compelled to approach this Court because of the failure on the part of the State authorities to make said crucial decision as to whether the OBC certificate relied on by the respondent No.6 which he had obtained while in the State of Manipur could be utilized for the purpose of appointment in the State of Assam.
6. As mentioned above the dispute, the issue raised in this petition is the same which had been raised before this Court in the aforesaid earlier writ petition in which this Court had directed the authorities of the State of Assam to take a decision. Though apparently a speaking order was issued on 21.12.2013 as mentioned above, on perusal of the said speaking order, this Court also has not come across any decision and conclusion arrived by the authority as regards the said core issue raised as to whether a Manipuri belonging to OBC in the State of Manipur could be given the benefit attached to OBC Manipuris in the State of Assam on the basis of OBC certificate issued while in Manipur.
7. On perusal of the order passed by this Court on 15.03.2018, it has been observed that the Department of Personnel, Government of Assam as well as Department of WPT&BC, Govt. of Assam, had been held to be necessary parties for proper adjudication of the case because of which they were directed to be impleaded as respondents and they were duly
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impleaded accordingly.
8. This Court is of the view that as to which is the concerned appropriate department which will take a decision, this Court is not going to make any observation but it is left to the State Government. It is for the State Government to ensure that such a decision is taken by the competent authority existing in the State relating to determining the validity of OBC certificate issued by another State to be applicable in the State of Assam. In other words, the said authority is to decide as to whether OBC certificate issued in favour of person who is a resident of Manipur in the present case can be also accepted as an OBC candidate in the State of Assam based on the certificate issued in the State of Manipur in the light of the factual background narrated above.
9. Since the aforesaid decision has not been taken as directed by this Court earlier, this
Court would again reiterate the direction of this Court passed in WP(C) No.4189/2009. The aforesaid exercise shall be done as expeditiously as possible preferably within a period of 4(four) months from today.
10. Learned counsel for the respondent No.6 submits that the petitioner has no locus standi. That apart, the respondent No.6 has already been promoted to the higher post of Senior Grade. It is made clear that what consequential effect it will have, of course, also will be decided by the authorities upon taking a decision on the validity of the OBC certificate relied upon by the respondent No.6 in the present case in the light of observation, direction mentioned above.
11. It is also made clear that the respondent No.1 will take initiative to ensure that the State Government takes appropriate decision as directed above, if necessary, in conjunction
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with the newly impleaded respondent Nos.7 and 8 and issue a speaking order so that in the
event, the petitioner is aggrieved by such speaking order, the petitioner will have liberty to approach this Court again.
12. The present petition is accordingly disposed of with the observation, direction as referred to above.
Sd/- N. Kotiswar Singh JUDGE
Comparing Assistant
3 issues framed by the court
Whether an OBC certificate issued by Manipur is valid for OBC status in Assam for a migrant.
Whether the State authorities must decide on the applicability of another State's OBC certificate.
Whether the petitioner has locus standi to challenge the appointment of the respondent No.6.
Colour shows how this judgement treated each authority
WP(C) No.4189/2009Referred¶27
Y. KLUNJALAL SINGHA
THE STATE OF ASSAM
THE DIRECTOR HIGHER EDUCATION ASSAM
DR. SUPRABIR DUTTA ROY
S. RABINDRA SINGHA
N. KOTISWAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
