RAJESH JAISWAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. N. Choudhury, learned Senior counsel, appearing for the petitioner. Also heard Ms. M. Goswami, learned State counsel, appearing for respondent Nos. 1 to 6, and Mr. S. Borgohain, learned counsel, appearing for respondent Nos. 8 and 9. Also heard Mr. R. Phukan, learned counsel for respondent No. 7.

(2.) The petitioner claims to be a member of "Bania" community, which falls under Scheduled Caste. The Sub-Divisional Officer (S), Golaghat, had issued a Caste Certificate dated 23.07.1987 certifying that the petitioner belongs to "Bonia" caste, which is recognized as a Scheduled Caste under the Constitution (Scheduled Caste) Order, 1950. Ten years down the line there was an advertisement dated 27.03.1997 issued by the Principal i/c and Secretary, Golaghat Commerce College, inviting applications for filling up the posts of, amongst others, Lecturers in Commerce, indicating therein that preference would be given to SC/ST candidates. The petitioner responded to the said advertisement and, on being successful, was appointed by an order dated 03.04.1998 and the petitioner is still continuing to serve the said institution. While the petitioner was so discharging his duties as a Lecturer, the President, Golaghat Block Congress Committee and another lodged a complaint on 21.03.2007 (Annexure-10) before the Deputy Commissioner, Golaghat, contending that the petitioner may belong to any other caste but not "Bania" Caste. On the said complaint, an enquiry was conducted through Extra Assistant Commissioner, Golaghat, and he submitted a report dated 03.05.2007 holding that it would not be justifiable to come to a conclusion that the petitioner does not belong to Scheduled Caste or that he produced fake Schedule Caste Certificate to get the job of Lecturer. However, it was opined that a clarification may be sought from the Government as to whether "Jaiswal" community is considered as "Bania" Caste. Thereafter, on 05.08.2007, respondent No. 8, who was a former Member of Sub-Divisional Scheduled Caste Development Board, Golaghat, lodged a complaint (Annexure-14) before the Commissioner to the Government of Assam, WPT and BC Department, praying for cancellation of the Scheduled Caste certificate issued in favour of the petitioner. In the said complaint, it is stated that the petitioner belongs to "Kalwar" community and, further-more, his father having come from Uttar Pradesh, he cannot be recognized as an indigenous and native "Bania" community of Assam.

(3.) By a letter dated 06.09.2007, the Deputy Secretary to the Government of Assam, WPT and PC Department, wrote a letter to the Deputy Commissioner, Golaghat, to make a proper verification and submit a report to WPT and BC Department. On 02.11.2007, respondent No. 9 lodged a complaint (Annexure-16) before the Deputy Commissioner, Golaghat, against the petitioner in respect of his Caste Certificate. Vide letter dated 08.11.2007 (Annexure-17), the Deputy Secretary to the Government of Assam, WPT and PC Department, informed the Deputy Commissioner, Golaghat, that "Joyshowal community or outside the State of Assam cannot be considered Bonia community of Assam" and accordingly requested him to take urgent necessary action. On 28.11.2007 a notice was issued by the Deputy Commissioner, Golaghat, to the petitioner to show cause as to why the Caste Certificate dated 23.07.1987, issued to the petitioner, should not be cancelled and asked the petitioner to furnish his explanation within 15 days from the date of receipt of the notice failing which, it was indicated that an enquiry would be conducted without waiting for his explanation. It appears that one Sub-Divisional Officer (S) was appointed as Enquiry Officer and the Enquiry Officer, thereafter, submitted an enquiry report dated 25.02.2008 (Annexure-22) to the Additional Deputy Commissioner, Golaghat, opining that the petitioner is not a member of "Bania" community which is recognized as Schedule Caste in Assam. Thereafter, based on the aforesaid report dated 25.02.2008 as well as the Government letter dated 08.11.2007, the Deputy Commissioner, Golaghat, by his order dated 13.03.2008 (Annexure-23), cancelled the Caste Certificate issued to the petitioner holding that the petitioner is not a member of "Bania" community of Assam which is recognized as Scheduled Caste. The petitioner has put to challenge in this writ petition the letter dated 08.11.2007 (Annexure-17), the Enquiry Report dated 25.02.2008 (Annexure-22) and the order dated 13.03.2008 (Annexure-23).