Judgment · High Court
Case at a glance
- Bench
- B K SHARMA
Outcome
Disposed of
09, the writ petition is disposed of directing the said committee to m
Judgment
(cid:28)It is therefore prayed that the Hon’ble Court be pleased to admit this petition , call for the records, issue a Rule calling upon the respondents to show cause as to why a writ in the nature of Certiorari setting aside the report of the Cir cle Officer, Guwahati Revenue Circle dated 20.08.2007 (Annexure-5) and the repor t of the Mondal dated 20.08.2007 (Annexure-6) and/or a writ in the nature of Man damus directing the Secretary to the Govt. of Assam, WPT & BC department and the Deputy Commissioner, Karmup (Metro) to conduct a fresh enquiry and submit a rep ort before the Hon’ble Court ascertaining the correctness of the SC certificate bearing serial No. 10421 dated 21.02.1984 (Annexure-1) issued to Shri Munin Kum ar Das and explaining as to how Shri Munin Kumar Das holds a SC certificate whil e his other brother Shri Mukul Chandra Das holds OBC and his eldest brother Late Kishore Kumar Das served in the Food Corporation of India as a person belonging to the general class Kayastha community and on the basis of such report a furth er writ in the nature of Quo Warranto questioning the authority of Shri Munin Ku mar Das continuing to serve as Enforcement Inspector in the office of the Distri ct Transport Officer, Cachar, under the reserved SC category and enjoying the be nefits thereof and remove the said Shri Munin Kumar Das from the public office o f Enforcement Inspector in the Transport Department of the Government of Assam a nd upon perusal of records, considering the show cause, if any, and upon hearing the parties be pleased to make the Rule absolute and/or pass such order/orders/ directions as the Hon’ble Court may deem fit and proper in the facts and circums tances of the case.
(cid:29) This Court by order dated 08.04.09 requested Mr. R.K. Borah, learned Sta te counsel to obtain instruction as to whether State Level Committee ordered to be constituted by the Apex Court in the case of Kumari Madhuri Patil vs. Addl. C ommissioner reported in (1994) 6 SCC 241, has been constituted or not. The said committee is empowered to scrutinise the case of the SC/ST person in terms of t he direction of the Apex Court in the said judgment. The respondents have filed an affidavit dated 21.05.09 annexing therewit h Annexure-I notification dated 18.05.09 constituting the State Level Committee for verification of the cast for ST/SC/OBC in terms of the aforesaid judgment of the Apex Court. The prayer made in the writ petition has been noted above. Mr. A.M. Buja rbarua, learned counsel for the petitioners submits that in the same family ther e could not be members belonging to SC, OBC and general category.
Operative part
To this Mr. B. D. Goswami, learned counsel for the respondent No. 8 submits that the OBC certif icate earlier issued to one of the brothers of Mr. Munin Kumar Das has been canc elled and the other brother has expired. Considering the matter in its entirety and in view of the fact that the State Govt. has already constituted the aforesaid Committee vide notification da ted 18.05.09, the writ petition is disposed of directing the said committee to m ake appropriate scrutiny of the matter and then to proceed in the matter in acco rdance with law. If the petitioners remain aggrieved by any order which may be p assed by the said committee, it will be open for them to pursue legal remedy as may be available to them.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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