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2016 DIGILAW 835 (GAU)

SUJIT KUMAR PAUL v. STATE OF ASSAM

2016-09-05

AJIT SINGH, N.CHAUDHURY

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JUDGMENT : Ajit Singh, J. 1. Mr. A Goyal, learned counsel for the review petitioner. 2. Mr. B.N. Sarma, learned senior Government Advocate, Assam for the respondents. 3. This review petition is directed against the order dated 29.5.2015 by which a Division Bench of this High Court has dismissed review petitioner’s Writ Appeal No.295/2014. 4. The review petitioner applied for the post of Constable in a prescribed standard form of application. He against the Column “Community” mentioned that he belongs to Rudrapaul Community. This community is notified as Other Backward Class in the State of Assam. According to the review petitioner, although he secured more marks than the selected candidates belonging to Other Backward Class community, he has illegally been denied appointment. Aggrieved, he filed WP(C) No.3545/2010 which was dismissed vide order dated 6.8.2014. Thereafter, he filed WA No. 295/2014, which too has been dismissed vide order dated 29.5.2015. 5. From the perusal of order dated 29.5.2015, we find that the Writ Appeal has been dismissed on the ground that review petitioner did not file any caste certificate to establish that he belongs to Other Backward Class community and, as such, consideration of his candidature as general candidate was upheld. But in the prescribed standard form of application it is nowhere mentioned that applicants belonging to Other Backward Class community shall also have to file certified copy of caste certificate as required in respect to candidates who were members of Scheduled Caste and Scheduled Tribe. Moreover, despite this, if the Department had any doubt regarding the caste of review petitioner, in all fairness, it ought to have given him an opportunity to submit his caste certificate. For these reasons, we are of the view that order dated 29.5.2015 cannot be sustained. 6. We accordingly recall the order dated 29.5.2015 and direct for re-hearing of the Writ Appeal. 7. The review application is allowed.