LAWS(MEGH)-2016-11-13

MEGHALAYA GORKHA EX-SERVICEMEN WELFARE ASSOCIATION Vs. UNION OF INDIA

Decided On November 18, 2016
Meghalaya Gorkha Ex-Servicemen Welfare Association Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Mr. S.P.Sharma, learned CGC, Mr. N.Mozika and learned State counsel, Mrs. S.Bhattacharjee.

(2.) The petitioner's case in a nutshell is that:

(3.) Learned counsel for the petitioner, Mr. S.P.Sharma submits that Gorkha by itself is a special community which originated from Nepal and the British Government considering their faithfulness and braveness, raised their contingent in the army called the 'Gorkha Regiment.' Learned counsel also further contended that Gorkha are neither considered as Scheduled Castes, Scheduled Tribes, OBC or General category. They are a mixture of all community considering their faithfulness and braveness. So now the question arises who will issue a certificate to this community to enable them to join the Gorkha Regiment or any other army contingent. Hence, this petition.