STATE OF SIKKIM Vs. YOGEN GHATANI

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 20/2/2020 passed by a learned Single Judge of High Court of Sikkim in WP (C) No.66/2016, whereby (i) the insertion in the notification of 1995 restricting the Certificate of Identification (COI) "for the purpose of employment only"; (ii) the further insertion in the notification of 1996 adding the words "and for no other purpose" and (iii) the communication dtd. 2/6/2006 excluding the third generation (grandchildren) of certain categories of beneficiaries were set aside and quashed.

(2.) It may be noted here that this appeal was transferred to this Court by the order of the Apex Court and thus, has been placed before us for adjudication.

(3.) The State of Sikkim contends that the learned Single Judge failed to appreciate the historical and constitutional context of Sikkim, particularly Article 371-F of the Constitution and the continuity of premerger legal structures.