KANAKLATA CHAUHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R. Bora, learned counsel for the petitioners. Also heard Ms. K. Phukan, learned counsel for the respondent in the Ministry of Human Resource Development Department of Government of Assam, Ms. R.S. Choudhury, learned counsel for the respondents in the Navodaya Vidyalaya Samiti, Mr. P. Saikia, learned Junior Government Advocate for the Deputy Commissioner, West Karbi Anglong and Mr. R.M. Das, learned counsel for the respondents in the Social Justice and Empowerment Department of Government of Assam who has entered appearance for the respondent No. 6.

(2.) Although respondent No. 6 is depicted to be the Commissioner and Secretary to the Government of Assam in the Welfare of Plain Tribes and Backward Classes Development, it is clarified that the Welfare of Plain Tribes and Backward Classes Development Department has been bifurcated and the Department of Social Justice and Empowerment is one of the departments as a result of the bifurcation and the subject matter involved in the present writ petitions regarding the caste certificates of the candidates claiming to be belonging to the Tea Garden Labourer/Ex-Tea Garden Labourer community are within the purview of the Department of Social Justice and Empowerment.

(3.) Twelve petitioners have jointly filed this writ petition claiming that they respectively belong to the Nonia community and Koiri community. All the petitioners upon passing their Class V Annual Examination from the respective schools applied through the online mode for selection for admission to Class VI in the Jawahar Navodaya Viyalaya and accordingly, participated in the Jawahar Navodaya Vidyalaya selection test. Upon such applications, admit cards were issued to them, participated in the selection test and as per the provisional select list dtd. 19/6/2023 they were shown to have been selected for the admission. In order to carry forward the admission process there is a requirement from the authorities in Navodaya Vidyalaya Samiti for production of the relevant certificates from the competent authorities in respect, amongst others, of the candidates claiming admission as the Other Backward Classes (in short, OBC) candidates.