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2014 DIGILAW 233 (MEG)

Meghalaya Gorkha Ex-Servicemen Welfare Association, Shillong v. Union of India

2014-09-24

T.NANDAKUMAR SINGH

body2014
ORDER : T. Nandakumar Singh, J. 1. Heard Mr. S.P. Sharma, learned counsel appearing for the petitioner and also Mrs. N.G. Shylla, learned GA appearing for the respondents No. 2 and 3 as well as Mr. R. Debnath, learned counsel appearing for the respondent No. 1. 2. The prayer sought for in the present writ petition is for allowing the petitioner's Association to issue the Gorkha Caste certificate to the people of Gorkha Community for enrolment in Defence Services. 3. This court put question to the learned counsel appearing for the writ petitioner as to whether the Gorkha Community is a Scheduled Caste under the Presidential Order issued under Article 341 of the Constitution of India for the State of Meghalaya? The learned counsel appearing for the petitioner contended that the Gorkha Community is not the Scheduled Caste under the Presidential Order under Article 341 of the Constitution of India for the State of Meghalaya. The learned counsel submitted before the court that in Defence Services there are quotas reserved for the Gorkha Community irrespective of whether the Gorkha belong to the Scheduled Caste under the Presidential Order under Article 341 of the Constitution of India. 4. The grievances mentioned in the present writ petitions are that the members of the Gorkha Community could not claim for the quota reserved for the Gorkha Community in the Defence Services because of the non issuance of the Gorkha Caste certificate by the concerned authority. The learned counsel appearing for the parties contended that the present writ petitioner being the organisation for the welfare of the Gorkha Ex-Servicemen in the State of Meghalaya registered under the Registration of Societies Act, 1860 having Registration No. 476 of 1950-1951 vide certificate dated 22.02.1950 may be recognised as the authority who can issue Gorkha certificate to the members of the Gorkha Community. 5. This court is of the view that the Gorkha Caste certificate can be issued by the prescribed authority. Any organization, may be registered or recognised by the State Government, cannot be authorised to issue the Gorkha Caste certificate or the domicile certificate. 6. The learned counsel appearing for the petitioner contended that many members of the Gorkha Community were born and brought up in the State of Meghalaya. Therefore, the said members of the Gorkha Community had approached the concerned authority of the State of Meghalaya for issuing of the Gorkha certificate. 6. The learned counsel appearing for the petitioner contended that many members of the Gorkha Community were born and brought up in the State of Meghalaya. Therefore, the said members of the Gorkha Community had approached the concerned authority of the State of Meghalaya for issuing of the Gorkha certificate. In this regard, Mrs. N.G. Shylla, learned GA appearing for the respondents No. 2 and 3 stated that the Government of Meghalaya by an order of the Governor dated 31.07.2014 had constituted a committee for verification and issuance of the Scheduled Caste/Scheduled Tribe and Other Backward Classes Certificates in all the 11(eleven) Districts of the State of Meghalaya. Mrs. N.G. Shylla also place a copy of the said notifications/orders of the Government of Meghalaya dated 31.07.2014. For easy reference the said notification dated 31.07.2014, reads as follows: "GOVERNMENT OF MEGHALAYA SOCIAL WELFARE DEPARTMENT ORDERS BY THE GOVERNOR NOTIFICATION Dated Shillong the 31stJuly, 2014 No. SW(S) 82/2011/36:- In supersession of Government Notification No. POL.145/91/341 dated 26.07.2014, the Governor of Meghalaya is pleased to constitute the District Level Scrutiny Committee for verification and issuance of Scheduled Caste/Scheduled Tribe/Other Backward Classes Certificates in all the 11(eleven) Districts of the State with the following members:- 1. Deputy Commissioner/District Magistrate - Chairperson 2. Superintendent of Police - Member 3. District Social Welfare Officer - Member 4. Additional District Magistrate I/C General Branch, D.C. Office - Member-Secretary 5. An officer/person who has an intimate knowledge in identifying castes and tribes in the District to be nominated by Deputy Commissioner/District Magistrate - Member The function of the Committee is to scrutinise the applications received for issuance of SC/ST/OBC Certificates and to dispose of applications within the framework of guidelines/instructions issued. Rejection or refusal by the District Level Scrutiny Committee shall be referred to State Level Scrutiny Committee for final disposal on merits. The Committee may also co-opt any expert in the field of identification of caste/tribe in the district. Sd/- (T. Dkhar) Commissioner & Secretary to the Govt. of Meghalaya Social Welfare Department" 7. The learned counsel appearing for the petitioner contended that the members of the Gorkha Community, for claiming the quota reserved for Gorkha Community in the Defence Services, need the domicile certificate of the State where they were born and brought up. If it is so, there is a prescribed authority of the State who can issue the domicile certificate. 8. Mrs. If it is so, there is a prescribed authority of the State who can issue the domicile certificate. 8. Mrs. N.G. Shylla, learned GA as well as Mr. R. Debnath, learned counsel appearing for the respondents submit at the Bar that the Deputy Commissioner is the competent authority to issue the domicile certificate after necessary enquiry. The Caste certificate is concerned, only the Committee constituted under the said notifications of the Government of Meghalaya dated 31.07.2014 can verify and issue the Caste certificate. 9. For the foregoing discussions, this writ petition is disposed of with a direction to the respondents that if the member of the Gorkha Community who were born and brought up in the State of Meghalaya approach the concerned Deputy Commissioner for the domicile certificate, domicile certificate shall be issued after proper verification and so far as the Caste certificate is concerned, the Committee constituted under the said notifications of the Government of Meghalaya dated 31.07.2014 may verify for the Caste certificates. 10. With the above observations and discussions, this writ petition is disposed of. Order accordingly.