SURYA KR BHUYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both the writ petitions were heard together and disposed of by this common order.

(2.) Heard the learned counsel for both sides.

(3.) The petitioner Mrs. Juri Deori in W.P. (C) No. 4095/1999 was born and brought up in a Ahom (Gogoi) family which was recognized as Other Backward Classes in Assam. After passing of her HSSLC examination, she was married to one Sri Tarun Deori in the year 1987 who belongs to Deori community, which is recognised as S.T. (P) in the State of Assam. The petitioner also obtained caste certificate as Scheduled Tribe and after marriage, she was known as Juri Deori. The petitioner was appointed as LDA in the Office of the District Elementary Education Officer, Sibsagar and subsequently she was promoted to the post of UDA which fell vacant. The petitioner was promoted to the said post on the quota reserved for S.T. (P) candidates in the year 1997. Subsequently, apprehending that her promotion may be interfered with in view of the circular dated 15/5/91, the petitioner has filed the present writ petition challenging the vires of the said circular issued by the Govt. of Assam (WPT-BC) Department wherein it is provided that the caste of a person does not change by marriage.