BANTI DOLEY Vs. JUNUMANI PEGU

JUDGEMENT

(1.) Heard Mr. B.D. Konwar, learned Senior Counsel for the appellant as well as Mr. B.D. Das, learned Senior Counsel for respondent nos. 1 to 6. Also heard Mr. R.K.D. Choudhury, learned Additional Senior Government Advocate, Assam for respondent nos. 7, 8 and 9.

(2.) This present appeal is directed against the judgment and order dated 06.08.2015 passed in WP(C) 4813/2008. By the said judgment, the challenge made to the appointment of the appellant to the post of Junior Assistant in the establishment of Deputy Commissioner, Sonitpur was upheld and, accordingly, her appointment order was set aside.

(3.) Facts not in dispute are that the appellant Smti. Banti Doley was born on 1st February, 1983 to an Ahom family, which belongs to the Other Backward Class (OBC) community. At the tender age of 9 (nine) years she was given in marriage to Sri Jadu Ram Doley in the year 1992, a member of Mishing community and belonging to the reserved category of Scheduled Tribes (Plains). On and from the date of her marriage she lived with her husband and amongst the Mishing community using the surname as Doley. She pursued her school studies at Kabbi Gum High School and passed the High School Leaving Certificate Examination in the year 2005. In the Certificate issued by the Board of Secondary Education, Assam, her date of birth is recorded as February 01, 1983. As regards her caste status, a Certificate dated 29.08.2001 was issued by the Government of Assam in the Department for Welfare of Plains and Backward Classes, duly countersigned by the Sub-Divisional Officer (Civil), Gohpur, certifying that she belongs to ST(P) Mishing Tribe which is recognised as Scheduled Tribes under the Constitution (Scheduled Tribes) Order, 1950, as amended from to time. On 20.3.2007, an Advertisement was issued for filling up temporary posts of Grade-III and Grade-IV in the amalgamated establishment of the Deputy Commissioner, Sonitpur, Tezpur, which included 10 (ten) vacant posts of Junior Assistants. The appellant being eligible, applied for the post of Junior Assistant on 27.03.2007 along with necessary certificates, including the Caste Certificate dated 29.08.2001. Following a selection process, Banti Doley was appointed to one of the posts of Junior Assistant earmarked for ST(P) category candidates vide appointment order dated 22.02.2008. She joined her post on 03.03.2008. Following such appointment, a complaint/representation was made on 31.07.2008 by respondent nos. 2, 3 and 4 herein/writ petitioner nos. 2, 3 and 4 before the Chairman, ITDP, Gohpur Sub-Division to initiate an enquiry as regards her ST(P) category status. An enquiry was initiated by the Additional Deputy Commissioner, Sonitpur wherein the statement of Banti Doley was recorded and report thereof was submitted to the Deputy Commissioner, Sonitpur on 31.07.2008. In the said report, observation was made that Caste Certificate of Banti Doley had been issued without verifying the antecedents of her parents and the same was issued in a routine manner. When the matter rested thus, 6 (six) candidates belonging to the ST(P) category, including the complainants, who had participated in the selection process, filed WP(C)4813/2008 challenging the appointment order dated 22.02.2008 as well as the Caste Certificate of Banti Doley. The writ petition was allowed to the extent of interfering with the Appointment Order dated 22.02.2008 by reason that Banti Doley being born to OBC parents and married to a person belonging to ST(P) category, she could not have been considered for a post reserved for ST(P) category candidates. Aggrieved, Banti Doley has preferred the present appeal.