SUBUNGCHA MWSHAHARY Vs. ASSAM PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THE similarity of the challenge made in the three writ petitions had led to analogous hearing of the cases which are being attempted to be disposed of by this common judgment and order.

(2.) IN WP (C) No. 2754/2009 the inclusion of the names of the respondent Nos. 4 and 5 as Scheduled Tribe (P) candidates in the final select list dated 15. 6. 2009 published by the Assam Public Service Commission has been assailed. The aforesaid select list has been prepared pursuant to the Combined Competitive Examination held by the Commission for recommendation of names for appointment in the Assam Civil Service, Assam Police Service and allied cadres. While in WP (C) No. 3342/2009 the said selection of the respondent Nos. 4 and 5 has again been challenged by the petitioner therein, in WP (C) No. 3143/2009 it is the selection of one of the respondents i. e. Sri Juga Krishna Rajbongshi alone which has been assailed.

(3.) THE short case of the petitioners as pleaded in the writ petitions is that the respondent Sri Juga Krishna Rajbongshi belongs to the Koch Rajbongshi community which was, for a particular period of time, recognized as a Scheduled Tribe (P ). However, the ordinances giving such recognition had lapsed, whereafter, according to the petitioners, the Koch Rajbongshis were reverted to their original status as members of Other Backward Class. Notwithstanding the above, it is contended, the said respondent had applied and has been selected as a Scheduled Tribe (P) candidate. In so far as the respondent Dr. Bidyut Das Boro is concerned, it has been stated by the petitioners that the father of the said respondent is not a member of any reserved category whereas his mother belongs to Scheduled Tribe (P ). In such circumstances, according to the petitioners, the respondent Dr. Bidyut Das Boro could not have been accorded the status of a Scheduled Tribe (P) candidate. It is on the aforesaid broad premises that the selection of the two respondents as Scheduled Tribe (P) candidates have been questioned in the writ petitions filed.