RAMENDRA YADAV Vs. STATE OF ASSAM AND 3 ORS REP BY COMMISSIONER AND SECRETARY
LAWS(GAU)-2018-8-47
HIGH COURT OF GAUHATI
Decided on August 10,2018

Ramendra Yadav Appellant
VERSUS
State Of Assam And 3 Ors Rep By Commissioner And Secretary Respondents

JUDGEMENT

L.S. Jamir, J. - (1.) The petitioner belongs to the Ahir Goala Community, which is a recognised More Other Backward Classes (MOBC), by the Government of Assam. The petitioner passed B.Sc. in the year 2000 and also has a Diploma in Computer Education. The petitioner being unemployed also got himself registered under the District Employment Exchange, Karimganj, with registration No. 1055/2001 dated 28.06.2001. The Office of the Deputy Commissioner, Karimganj, (Treasury Establishment), Government of Assam, issued an advertisement dated 22.07.2015 inviting applications from intending candidates to fill up 12 (twelve) posts of Junior Accounts Assistant (Jr.A.A). Out of the 12 (twelve) posts advertised, 6 (six) posts were reserved for the Unreserved Category, one post for Scheduled Caste and 5 (five) posts for OBC/MOBC. Pursuant to the advertisement, the petitioner submitted the application in the Standard Form, wherein, there was no column for indicating his Caste as OBC/MOBC and therefore, at Serial No. 9 of the Standard Form, the petitioner did not write his Caste. However, in Serial No. 8 of the Standard Form, the petitioner indicated his Community as Tea Garden Labour Community. Thereafter, on the basis of issuance of an Admit Card, the petitioner appeared for written examination on 21.02.2016. The petitioner was successful in the written examination and accordingly, by letter dated 28.02.2017 the petitioner was called for appearing both the Interview and Computer Test on 11.03.2017 in the Conference Hall of the Deputy Commissioner, Karimganj. Thereafter, as the results were not made known to the petitioner, the brother of the petitioner made an application under the RTI on 28.03.2017 and accordingly, the Public Information Officer and Treasury Officer, Karimganj replied by letter dated 26.04.2017 informing that out of 12 (twelve) posts, 5 (five) posts were reserved for OBC/MOBC and 774 numbers of applications were received, out of which 752 were called for the Written Test, where 440 applicants appeared in the Written Test. 37 (thirty seven) candidates qualified for the Interview and Computer Test and thereafter, 10 (ten) candidates were found eligible for appointment and that 2 (two) posts of OBC/MOBC category remained vacant. However, as the petitioner could not get a proper reply from the letter dated 26.04.2017, he made another RTI application on 08.05.2017 seeking for marks obtained by all the 37 (thirty seven) qualified candidates in the Written Test, Interview and Computer Test. A further query was made by the petitioner requesting the marks obtained by the 10 (ten) candidates who had got appointment. In the RTI reply, the petitioner was shown to have obtained 50 marks in English, 42 in Maths and 47 in General Knowledge and in the Interview, he is shown to have obtained 21.75 marks and in the Computer Test, 1.95 marks. However, the rest of the other queries were not replied and therefore, the petitioner made an appeal before the Deputy Commissioner, Karimganj on 05.06.2017. Thereafter, the petitioner received reply dated 06.07.2017, wherein he was informed that the information related to other candidates could not be furnished. As the petitioner belongs to the MOBC Category, the petitioner has approached this Court seeking for a direction to appoint the petitioner in either of the 2 (two) vacant posts reserved for OBC/MOBC Category.
(2.) Heard Mr. U. K. Nair, learned Senior counsel assisted by Mr. M. Khan, learned counsel for the petitioner and Mr. P. Nayak, learned Standing Counsel, Finance Department and Mr. S. S. Roy, learned Government Advocate for the State respondents.
(3.) Mr. U. K. Nair, learned Senior Counsel for the petitioner, at the outset submits that in the Standard Form of Application, there is no column for writing the Caste of the petitioner and therefore, the petitioner could not write his Caste and instead, in Serial No. 8 of the Standard Form, he had indicated his Community as Tea Garden Labour Community. He submits that the petitioner belongs to the Ahir Goala Community, which is recognised as an MOBC Category by the Government of Assam. It is submitted that in the Office Memorandum, dated 04.01.1984, wherein the list of OBC including the MOBC has been given, the Ahir Goala Community appears at Serial No. 80. Further, in the letter dated 27.11.1975, the Tea Garden Labourers or Tribes appearing therein at Serial No. 25 has been classified as Other Backward Classes (OBC). Therefore, when the Ahir Goala Community is recognised as an MOBC Category and the Tea Garden Labourers Community has been recognised as Other Backward Community, the petitioner is entitled to get reservation under the law. As there was no provision in the Standard Form of Application, the petitioner could not indicate his caste. However, at Serial No. 8 of the Standard Form, the petitioner has clearly mentioned as belonging to the Tea Garden Labour Community. He also submits that while submitting the Standard Form of Application, the petitioner had enclosed his MOBC Certificate dated 13.01.1997 issued by the competent authority as well as the Employment Registration Identity Card, wherein it is clearly indicated that the petitioner belongs to the MOBC Category. Therefore, though the petitioner could not indicate his Caste in the Standard Form of Application, however, considering that he had submitted his MOBC Certificate and the Employment Registration Identity Card as well as having indicated his Community as Tea Garden Labour Community in the Standard Form of Application, the respondents should have considered his case under the MOBC Category, and thereafter, select him for being appointed against one of the 5 (five) posts reserved for OBC/MOBC Category.;


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