STATE OF MIZORAM Vs. MIZORAM GORKHA SANGH

JUDGEMENT

(1.) Heard Mr. D. Das, learned Advocate General, Mizoram, assisted by Mr. A. Kalita, learned Additional Advocate General, Mizoram, appearing for the appellants. Also heard Mr. N. Sharma, learned counsel appearing for the respondents.

(2.) The present appeal has been preferred against the judgment and order dtd. 8/6/2017 passed by the learned Single Judge in WP(C) No.188/2016 (Aizawl Bench), by which the learned Single Judge directed the State of Mizoram (appellants herein) to pass appropriate order in terms of the decision of the Permanent Body dtd. 26/8/2011 regarding declaration of the Gorkhas as belonging to Other Backward Class (OBC) as recommended by said Body.

(3.) The issue relates to inclusion of the Gorkhas settled in the State of Mizoram as Other Backward Classes (OBC) in the State. We may not go in detail the background facts of the case, but it will suffice to say that the Gorkhas settled in the State of Mizoram are seeking recognition as part of the Other Backward Classes in the State so as to avail benefits given under various Statues, Schemes, etc. There is no dispute amongst the parties as regards the constitution of the Permanent Body by the Home Department of the State of Mizoram to look into this aspect and in fact the said Permanent Body made certain recommendations to include the Gorkhas settled in the State of Mizoram as Other Backward Classes with conditions mentioned therein for the purpose of employment(s)/benefit(s) under the Government of India.