THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE UNION OF INDIA and 3 Ors

BEFORE HONBLE MR. JUSTICE KALYAN RAI SURANA Date : 28-04-2022 ORDER Heard Mr. P. D. Nair, learned counsel for the petitioner. Also heard Mr. M. Kato, learned ASGI appearing for the respondent no. 1 and Ms. R. Basar, learned Junior Government Advocate appearing for the respondent nos. 2, 3 & 4.

The case of the petitioner, in short, is that he had entered service as Constable (GD) in the Central Industrial Security Force (CISF) on the basis Page No.# 2/4 of “Deori Tribe” Certificate issued by the Deputy Commissioner, Changlang, claiming to be of Deori Tribe from the State of Arunachal Pradesh. In course of his service, the CISF authorities had made a verification of the Scheduled Tribe Certificate of the petitioner and concluded that the Deori tribe was not covered under the Presidential order passed under Article 342 of the Constitution of India under the Constitution (Scheduled Tribes) Order, 1950. Assailing the Disciplinary Proceeding initiated against the petitioner, the petitioner had approached this Court by filing a writ petition, which was registered as WP(C)3783 of 2013 and this Court by holding that the Schedule Tribe Certificate of the petitioner had not been cancelled, by relying on the ratio laid down in the case of Kumari Madhuri Patil vs Additional Commissioner, Tribal Development, reported in (1994) 6 SCC 241, interfered with the orders impugned in the said writ petition by setting aside the impugned order dated 26.03.2013 passed by the Deputy Inspector General of CISF, North-Eastern Sector Kolkata with certain observations, making it clear that the said order would not stand in the way of the authorities to examine the Scheduled Tribe status of the petitioner as it was the High Power Committee to verify the same.

It is submitted that the Union of India along with the CISF authorities had preferred a writ appeal which was registered as WA No. 39 of 2021 and that by judgment and order dated 28.10.2021, while dismissing the said writ appeal, the Division Bench of this Court directed the Screening Committee to take a decision on the validity of the S.T. certificate granted to the petitioner.

The case projected by the petitioner is that in the interregnum, by an order dated 29.04.2020, the Deputy Commissioner, Changlang, had Page No.# 3/4 cancelled the Scheduled Tribe Certificate of the petitioner and the said order is impugned in this writ petition filed under Article 226 of the Constitution of India.

Without entering into the merit of the case, the learned counsel for the petitioner has submitted that as per the instructions received by him, the Caste Screening Committee is already in seisin of the matter and the said committee has also issued a notice on the petitioner to appear and participate in the proceeding which has been drawn-up to examine the Schedule Tribe Certificate of the petitioner for “Deori Tribe” of Arunachal Pradesh and he submits that the next date of the said proceeding is fixed on 04.05.2022.

In view of the aforesaid position, the Court, without adjudicating the merit of this writ petition, is inclined to close this writ petition, subject to the following observations: i. This order shall not be construed as a bar for the Caste Screening Committee to continue its proceeding against the petitioner for determination of his Schedule Tribe status; ii. In the event, occasions so arises for the petitioner to challenge the order dated 29.04.2020, passed by the Deputy Commissioner, Changlang by which the Schedule Tribe Certificate of the petitioner was cancelled, the petitioner would be at liberty to make a challenge and the present proceeding shall not be construed as the res-judicata for such challenge; iii. In order to prevent the petitioner from being prejudiced by the order No. C/JUD-20/2011/789-93, dated Page No.# 4/4

29.04.2020, issued by the Deputy Commissioner, Changlang, in the proceeding before the Caste Screening Committee, till such time the status of the Schedule Tribe Certificate is decided by the said Committee, the impugned order dated 29.04.2020 passed by the Deputy Commissioner, Changlang, thereby cancelling the Caste Certificate of the petitioner shall remain suspended so that the Caste Screening Committee is not prejudiced by the said order and the matter will be decided on its own merit. JUDGE Comparing Assistant