PRITAM RONGPI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE challenge made in this writ petition is the promotion of respondent No. 6 to the rank of Sub -divisional Agricultural Officer (for short SDAO) and further subsequent promotion to the rank of District Agricultural Officer on the count that he allegedly belongs to a member -of the ST (Hills) Community of the State of Assam, which falls under the reserved category under Article 16 of the Constitution of India.

(2.) THE petitioner has alleged that the respondent No. 6 having been appointed initially as extension Officer (Agriculture) as a Scheduled Caste candidate is not permitted to change his social status at the later point of time to that of Scheduled Tribe (P) and is not entitled to get the benefit of reservation policy of the state in the matter of promotion, subsequently.

(3.) COUNTER affidavit has been filed on behalf of the state respondents as well as respondent No. 6. The petitioner also filed a reply affidavit to the counter affidavit filed by State respondents. The case as emerged from the pleadings of the parties is as follows: