BIRENDRA SINGH Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
STATE OF ASSAM
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PRASANTA KUMAR DEKA,J -
(1.) Heard Mr. A Dhar learned counsel, appearing on behalf of the petitioner also heard Mr. S R Bora the learned Government Advocate, Assam appearing for the respondents.
(2.) Mr. Dhar submits that the mother of the present petitioner got married to his father Kishore Kumar Talukdar on 2.7.1994 and the petitioner was born to them on 7.2.1997. The parents of the present petitioner separated themselves on the strength of a divorce decree dated 05.05.2000 passed by learned District Judge, Nagaon in TS (D) case No. 5/2000 and the petitioner remained under the custody of the mother. Since 1998 the petitioner is residing with his mother and thereafter he passed his HSLC examination from the place of the maternal grandfather. The parents of the mother of the petitioner are from the Sikh Community and Sub-Caste is Bhangi. The petitioner is well conversed with the Sikh religion and on 7.2.2016 he converted himself into Sikhism from Hinduism to which his father belonged by attending a Sikh religious function organized by the Central Gurudwara Barhola, Nagaon in the presence of his mother, maternal grandparents and other Sikh Religious spirited person.
(3.) On 15.06.2017 the petitioner applied before the Deputy Commissioner, Nagaon the respondent No. 3 and the prayer for issuance of a Scheduled Caste Certificate was rejected. It is submitted that the petitioner was born in a Hindu family, he was brought up as a Sikh in his maternal grandfather house and after conversion to Sikh religion he christened himself into the Sikh Bhangi community by attending the religious function at the aforesaid Gurudwara and as such he is entitled to get the Scheduled Caste Certificate from the authority. The said application was rejected vide order dated 3.08.2017 by the Additional Deputy Commissioner, Nagaon.;
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