LILA KAIRI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. D. Nair, learned counsel for the petitioner. Also heard Mr. S. P. Das, learned Standing counsel for the Labour and Employment Department appearing for the Respondent No.1 and Mr. R. M. Das, learned standing counsel, Director of Employment and Craftsman Training appearing for the respondent Nos. 2, 3 and 4. Also heard Mrs. D. Das Barman, learned Additional Senior Government Advocate appearing on behalf of the Respondent Nos. 5, 6 and 7. None has entered appearance for the respondent No.8.

(2.) The challenge presented in the present proceedings is to a Speaking Order dtd. 20/12/2013 issued by the Commissioner and Secretary to the Government of Assam, WPT and BC Department communicating the conclusions reached by the State Level Scrutiny Committee (SLSC) with regard to the Schedule Caste category status of the Petitioner herein.

(3.) As projected in the writ petition, the petitioner claims to belong to the "Mala" sub-caste which is recognized as a Schedule Caste within the State of Assam and accordingly, the Sub-Divisional Schedule Caste Development Board, Dhemaji had issued to the Petitioner a caste certificate on 16/7/2005 certifying that the petitioner belongs to the Schedule Caste community. The said certificate was counter signed by the Deputy Commissioner, Dhemaji on 18/7/2005. The respondent No.2 vide an advertisement dtd. 23/12/2010 invited applications from eligible candidates for filling up of 34 nos. of post of Junior Assistant in different Employment Exchanges under the Directorate of Employment and Craftsmen Training, Assam. The said advertisement also made provision for reservation of posts for candidates belonging to the Schedule Caste community. The Petitioner accordingly being eligible for applying against the post so advertised vide the advertisement dtd. 23/12/2010, submitted her application and participated in the selection process so held. The petitioner on conclusion of the said selection process came to be selected for appointment as Junior Assistant against the post so reserved for Schedule Caste category candidates. Accordingly, vide an order dtd. 26/12/2011, the Deputy Director of Employment, Central Assam Zone, Tezpur appointed the petitioner as a Junior Assistant in the establishment of the District Employment Exchange Officer, Dhemaji.