The Gauhati High Court directed a government authority to expedite verification of the petitioner's OBC certificate within 12 weeks for a CRPF constable, assuring no adverse action during the process.
Authority to verify OBC certificate within 12 weeks; assurance of no adverse action pending verification.
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GAHC010057632023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1543/2023
GAUTAM MUDOI
S/O- LATE KAMAL MUDOI, R/O- HALDI ATI, P.O. SENCHOWA, P.S. SADAR, DIST.- NAGAON, ASSAM
VERSUS
THE UNION OF INDIA AND 6 ORS.
TO BE REP. BY THE DEPUTY INSPECTOR GENERAL OF POLICE GROUP CENTER CRPF SAMBALPUR (ODISHA)
2:THE STATE OF ASSAM TO BE REP. BY CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GHY-6
3:THE DISTRICT MAGISTRATE CUM DEPUTY COMMISSIONER NAGAON ASSAM
4:THE CIRCLE OFFICER NOGAON SADAR REVENUE CIRCLE DISTRICT- NAGAON ASSAM
5:THE SUB-DIVISIONAL OFFICER NOGAON SADAR DIST.- NAGAON ASSAM
6:ALL ASSAM OTHER BACKWARD CLASS ASSOCIATION TO BE REP. BY ITS PRESIDENT S.K. BARUAH ROAD
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GUWAHATI- 781006 ASSAM
7:THE GOVERNMENT GAON BURA OF VILLAGE SENCHOWA HALDI ATI P.O. SENCHOWA MOUJA KASAMARI P.S. SADAR DIST.- NOGAON ASSA
Advocate for the Petitioner : MR. K A MAZUMDER
Advocate for the Respondent : DY.S.G.I.
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 20-03-2023
Heard Mr. K.A. Mazumder, learned counsel appearing for the writ petitioner.
The writ petitioner herein is serving as a Constable in the CRPF. He had availed the benefit of ‘OBC’ category reservation by projecting him as a member of the ‘Koch’ community of Assam. However, due to some doubts arising with regard to the genuineness of his OBC certificate, the CRPF authorities have referred the matter to the Deputy Commissioner, Nagaon for verification of the OBC certificate and for furnishing a report in respect thereof. The petitioner’s counsel submits that despite the repeated reminders issued by the petitioner’s employer, the verification process has not yet been completed. According to the learned counsel, the petitioner apprehends that the authorities may initiate adverse action against the writ petitioner during the pendency of the verification process.
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Ms. S. Baruah, learned CGC submits that no adverse action will be taken against
the petitioner until the report from the concerned authority is received upon verification of his ‘OBC’ certificate.
Ms. M.D. Bora, learned Govt. Advocate, Assam appearing on behalf of the respondent Nos. 2 to 5 and 7 submits that the process of verification will be completed without unusual delay.
In view of the above and taking note of the submission made by the learned counsel for the parties, this writ petition is being disposed of at the stage of motion hearing by providing that the concerned authority, i.e. the respondent No. 3 may expedite the process of verification of the OBC certificate of the petitioner and submit his report to the CRPF authorities, as expeditiously as possible, but not later than 12 weeks from the date of receipt of a certified copy of this order.
It is made clear that until such time the report is received from the respondent No. 3, no adverse action will be taken against the petitioner pertaining to his OBC status.
JUDGE
GS
Comparing Assistant
1 issue framed by the court
Whether the verification of the writ petitioner's OBC certificate should be expedited to prevent apprehension of adverse action.
Gautam Mudoi
The Union of India
The State of Assam
The District Magistrate Cum Deputy Commissioner Nagaon
The Circle Officer Nogon Sadar
The Sub-Divisional Officer Nogon Sadar
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
