Disposed

Md. Musharaf Hussain v. Makbul Hussain and 2 Ors.

Gauhati HC9 May 2022I.A.(Civil)/263/2019

Case brief

AI extract

What is this about?

In an interlocutory application regarding a dispute between OBC and MOBC educational categories, the Court held that the matter requires indepth analysis. Consequently, the application to modify or vacate the order dated 21.12.2018 was not inclined to be granted, and the application is disposed of without altering the prior stay.

What did the court decide?

The interlocutory application stands disposed of; the court is not inclined to modify or vacate the order dated 21.12.2018.

Md. Musharaf Hussain Vs Makbul Hussain and 2 Ors. — Education and Admissions | Gauhati HC (2022)

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GAHC010013182019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/263/2019

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MD. MUSHARAF HUSSAIN

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S/O- LATE ABDUL KALUM, R/O- VILL- ADHAKHUNDA, P.O AND P.S- JURIA, DIST- NAGAON, pin- 782124, ASSAM

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VERSUS

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MAKBUL HUSSAIN AND 2 ORS. S/O- MUSLIM UDDIN, R/O- VILL AND P.O- CHALAPATHER, P.SBATADRAWA, DIST- NAGAON, ASSAM, PIN- 782001

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2:THE STATE OF ASSAM

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPARTMENT DISPUR

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GUWAHATI-06.

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3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-1

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Advocate for the Petitioner : MR. M U MONDAL

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Advocate for the Respondent : SC, SEC. EDU.

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BEFORE

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HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 09-05-2022

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Heard Mr. P Bhardwaj, learned counsel for the applicant/respondent No.3 and Ms. D Borgohain, learned counsel

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appearing for the writ petitioner. Also heard Mr. R Dhar, learned standing counsel appearing for WPT & BC Department, Govt. of Assam.

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By way of the instant application, the petitioner has sought for vacation/modification of the order dated 21.12.2018 whereby this Court after taking into consideration that the respondent No.3 had secured 314.80 marks and the petitioner had secured 328.14 marks have stayed the order dated 22.11.2018 till the next date fixed. It appears from the record that the said order has been extended from time to time.

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The case of the applicant in brief is that the applicant belongs to the Other Backward Class (OBC) category, while the petitioner belongs to the More Other Backward Class (MOBC) category and as such, the petition filed by the writ petitioner is totally misconceived.

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This Court vide the order dated 25.02.2022 directed the Standing counsel, WPT & BC Department to render assistance in the matter as the matter is related to the dispute involved in OBC & MOBC categories. On 02.03.2022 the learned Standing counsel for the WPT & BC Department submitted that as per the version of the Department, OBC & MOBC are treated at par.

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On 22.03.2022 the Deputy Secretary to the Govt. of Assam WPT & BC Department had filed an affidavit. In the said affidavit it was specifically mentioned that there is no class difference between OBC & MOBC and both enjoy similar benefits under the Govt. of Assam Beneficiary Schemes and Reservations in regard to jobs etc, whereas Moran Matak Tea Garden Labourers or tribes, Ex-Tea Garden labourers or tribes, Rajbonshi or Koch (Koch of Goalpara or Garo hills) Choudang Maria Chutia falls under the More Other Backward Classes (MOBC) for the purpose of educational facilities only.

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Taking into account the said stand of the Govt. of Assam this

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Court deems it proper that the matter would require an indebt analysis on the rights of the OBC & MOBC and their entitlements.

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Considering the same, this Court is not inclined to modify or

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vacate the order dated 21.12.2018.

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The interlocutory application stands disposed of.

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JUDGE

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Comparing Assistant

Md. Musharaf Hussain v. Makbul Hussain and 2 Ors.

Case brief

What is this about?

What did the court decide?

Md. Musharaf Hussain v. Makbul Hussain and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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