At, High Court of Gauhati
By, THE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
For the Appearing Parties: P.N. Goswami, Advocate.
Heard Mr. R. Bora learned counsel for the petitioners. Also heard Mr. H. Gupta, learned CGSC for respondents to 1 to 4, Mr. B. Deuri, learned Government Advocate for the respondent no. 6 and Mr. R. Dhar, learned counsel for respondent no. 7 in WP(C) No. 3329/2020. Also heard Mr. A.K. Dutta, learned CGC for the respondents no. 1 to 4 and Mr. B. Deuri, learned Government Advocate for the respondent No.5 in WP(C) No. 3154/2020.2. The petitioners herein claim that they belong to Nonia and Koiri community respectively which is recognized as a more other backward class.3. The petitioners are interested to study in the Jawahar Navodaya Vidyalaya which is stated to be an institution which has a good standard of education.4. The petitioners seek admission to the Jawahar Navodaya Vidyalaya on the basis of their caste certificates that they belong to the Nonia and Koiri community and therefore, they are entitled to reservation under the category of more other backward class.5. As the petitioners are not offered admission by the Jawahar Navodaya Vidyalaya, West Karbi Anglong to Class-Vi under the reserved category of more other backward class based on the caste certificates produced by them, these petitions are instituted.6. Mr. R. Bora, learned counsel states that an interim order has been passed by which the petitioners were provisionally directed to be admitted in the Jawahar Navodaya Vidyalaya.7. We are concerned that if the interim order directing a provisional admission is allowed to be continued, and ultimately the caste certificates are determined by the appropriate authority in a manner that it would not be acceptable for the purpose of reservation under more other backward class category, the students who are admitted to Class-VI will suffer an irreparable loss and their career would be adversely affected without any other remedy.8. From the circumstance, we are hesitant to continue with the interim order. But at the same time, the petitioners have a legal right to have an adjudication that the caste certificates issued in their favour are acceptable under the law and therefore, they are entitled to reservation in respect of seats in the Jawahar Navodaya Vidyalaya under category of more other backward class.9. Mr. R. Dhar, learned counsel has produced a communication dated 15.12.2020 which shows that although the Nonia and Koiri community are listed as more other backward class, but in the State of Assam that would be so only when the person concerned belongs to the tea garden or ex tea garden community, in order to avail the benefit of more other backward class. In the State of Assam a person belonging to the Nonia and Koiri community would have to belong to the tea garden or ex tea garden community in order to avail the benefit of reservation.10. Whether the present petitioners actually do belong to the tea garden or ex tea garden category it would be a matter of fact to be determined and the Court would be incompetent to do so.11. Considering the matter in its entirety, that the petitioners are seeking admission in the Jawahar Navodaya Vidyalaya under the reserved quota for MOBC, we require the appropriate authority to give a consideration and arrive at a conclusion as to whether the caste certificates produced by the petitioners are acceptable in the State of Assam for the benefit of reservation under more other backward classes so that the petitioners may avail the benefit of admission in the concerned school.12. Mr. R. Dhar, learned counsel for the petitioner states that for determining the acceptability and genuineness of the certificates for more other backward classes, the appropriate authority in the State of Assam would be the State Level Caste Scrutiny Committee.13. Accordingly, we direct the Chairman of State Level Caste Scrutiny Committee to forthwith take up the claims of the two petitioners herein and give a categorical conclusion as to whether the caste certificates are acceptable in law in the State of Assam to avail the benefit of reservation under the category of more other backward classes.14. For the purpose, the Chairman shall give a hearing to the petitioners including their parents on 21.12.2020 at a time and place to be fixed by the committee and be informed to the petitioners. The requirement be done with
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in a period of two weeks thereafter, meaning thereby on or before 08.01.2021.15. A copy of the order be provided to Mr. R. Dhar, learned counsel.16. In the event, the decision as regards the caste certificates goes in favour of the petitioners, the petitioners be allowed to continue with their admission in the Jawahar Navodaya Vidyalaya, Baithalangso, West Karbi Anglong under the reserved category of more other backward classes.Writ petition stands closed in the above terms.