Meghalaya Gorkha Ex-Servicemen Welfare Association v. Union of India
2016-11-18
S.R.SEN
body2016
DigiLaw.ai
JUDGMENT : S.R. SEN, J. 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: "The instant Writ Petition is filed for issuance of Mandamus or any other Writ of like nature for issuance of necessary directions to the Respondents to issue Gorkha Caste Certificate to the people of Gorkha Community for the purpose of enrolment in Defence Services. The humble Petitioner is a registered welfare organization working for welfare of the Gorkha Ex - Servicemen in the State of Meghalaya. In the Defence Services, Gorkhas have special quotas irrespective of SC/ST/OBC and General categories. The Ministry of Defence through its various notifications in the year 2012 have made it compulsory for the Gorkhas to obtain a caste certificate from the Competent Authority of the State Government for recruitment in the Defence Services and they have also provided a format of the same and also as to who can issue the same to the eligible candidates. The Humble Petitioner has made several correspondences with the Respondents and other higher authorities from time to time with regard to the issuance of the Gorkha Caste Certificate but of no avail. The Gorkhas have a unique identity and the caste certificate is meant only for certifying that a particular Gorkha belongs to Gorkha community, so that the perspective candidate can be recruited in Defence Services. Being highly aggrieved with non compliance of the Respondents towards issuance of the Gorkha Caste Certificate, the Humble Petitioner preferred Writ Petition before this Hon'ble High Court registered as W.P. (C) No. 175 of 2014. In the meanwhile Notification No. SW(S) 82/2011/36 dated 31/07/2014 was issued by the Government of Meghalaya for constitution of District Level Scrutiny Committee for verification and issuance of Caste Certificate in all the 11 (Eleven) Districts of the State and it was placed before this Hon'ble High Court to close the matter. In terms of the Notification the Respondent No.5 and the Deputy Commissioners were appointed as Chairperson in the said District Level Scrutiny Committees for verification and issuance of Caste Certificate, with stipulation to co-opt other members for verification of caste.
In terms of the Notification the Respondent No.5 and the Deputy Commissioners were appointed as Chairperson in the said District Level Scrutiny Committees for verification and issuance of Caste Certificate, with stipulation to co-opt other members for verification of caste. In light of the Notification dated 31/07/2014 this Hon'ble High Court was pleased to dispose of the said Writ Petition vide Judgment and Order dated 24/09/2014 with a direction to issue the Domicile and Caste Certificate to the Gorkha Community. But no specific direction has been given in the said Notification to issue Caste Certificate to the Gorkha. But till date the Respondents have not recognized the Gorkha Community for the purpose of issuance of Caste Certificate for defence Services and no Caste Certificate has yet been issue to Gorkhas in the State of Meghalaya. That non issuance of the caste certificates to the eligible Gorkha youths by the competent authority it has deprived huge number of Gorkha youths from Meghalaya to join the Defence Services. Gorkha Caste Certificate is basically required to prove that an individual belongs to the Gorkha Community for entry in the Defence Services and does not signify any kind of reservation i.e. Gorkhas have neither been included in the list of ST, SC, or OBC etc. and due to lack of proper Notification the Gorkha youths from the State of Meghalaya have been deprived of, from participating in the recruitment rally for want of caste certificate and the humble Petitioner seeks immediate intervention of this Hon'ble High Court to direct the Respondents to issue the caste certificate to the eligible Gorkha youths domiciled in the State of Meghalaya for the purpose of recruitment in Defence Services." 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. 4. On the other hand, learned CGC, Mr.
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. 4. On the other hand, learned CGC, Mr. N. Mozika appeared on behalf of the Union of India and submits that since it is a special community, some authority who are acquainted with this special community must be authorised to issue certificate recognising a 'person or persons', both 'male and female' as Gorkhas. In respect of that, he further submits that there is no such authority established till date in the State of Meghalaya and placed a format of the certificate which should be issued by the Village Sarpanch/Community or local Gorkha Organisation approved by the State Government. 5. Learned State counsel, Mrs. S. Bhattacharjee submits that any such organisation who are authorised to issue the Gorkha certificate should be approved by the Deputy Commissioner of different Districts concerned. 6. After hearing the submission advanced by the learned counsels for the parties and considering the background of the Gorkha community, I am of the considered view that Gorkha Welfare Association is one of the prime body of the Gorkhas existing in Shillong who can be authorised to issue the Gorkha Certificate to deserving individuals. 7. Hence, Gorkha Welfare Association is directed to make an application and approach the Deputy Commissioners of different Districts concerned within one week from the date of receipt of the certified copy of this order, and the Deputy Commissioners in turn are directed to examine the application and to authorise and allow the Gorkha Welfare Association to issue Gorkha Castes Certificate to the applicants of the Gorkha community, whoever approaches them and are found to be deserving candidates. 8. With this observation and direction, this writ petition is allowed and stands disposed of.