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2020 DIGILAW 18 (GAU)

All Assam O B C Students Union v. State Of Assam Rep By Chief Secretary To Govt Of Assam

2020-01-06

AJAI LAMBA, SOUMITRA SAIKIA

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JUDGMENT Ajai Lamba, C.J. - All Assam O.B.C. Students Union has preferred this petition in purported public interest with the plea that fake caste certificates are being issued. Although representations/complainants are made in context of issuance of such fake caste certificates issued to secure government jobs, no action is being taken. 2. We have heard Mr. B. Kaushik, learned counsel for the petitioner and have gone through the pleadings. 3. In para-7 of the petition, it has been pleaded that Respondent No.7, serving as Circle Officer in the State of Assam at Margherita, obtained selection in Assam Land Revenue (Junior) Cadre through Combined Selection Process conducted by Assam Public Service Commission in the year 2018 by relying on the fabricated OBC Caste Certificate. Reports were published on TV Channels. It has been pleaded that thereafter the petitioner conducted enquiries in regard to the issue and came to know that another Association of Jorhat District had filed a writ petition bringing out similar grievance, the said writ petition being W.P.(C) No.6018 of 2018, and is still pending. It has been pleaded that although enquiry was conducted in context of claim of Respondent No.7, however, action has not been taken. 4. On going through the petition, we find that no proper foundation has been laid. The petition does not bring out the provision of law under which such caste certificates are issued; the petition does not elaborate as to which authority is required to issue such certificates; the petition also does not indicate as to what are the criteria for considering whether the person belongs to OBC, backward class etc. We also find that this case appears to be in personal interest, rather than in public interest. We have referred to the last order passed in Writ Petition (C) No.6018 of 2019 titled -'Durnity Virodhi Oikya Mancha -Vs.- State of Assam and others'. The said petition has not been filed in public interest. Learned counsel for the petitioner has informed the Court that issuance of fabricated OBC certificate has been challenged by virtue of the said petition. 5. The said petition has not been filed in public interest. Learned counsel for the petitioner has informed the Court that issuance of fabricated OBC certificate has been challenged by virtue of the said petition. 5. We having considered the nature of the pleadings in the petition find that neither there is any averment or allegation indicating non-implementation of a statutory provision which affects the public at large; nor there is any material to show that statutory provisions of a particular statute are being wrongly applied which adversely affects public interest. The petition also does not disclose any public cause in regard to which administrative instructions are required to be issued so that public interest can be protected. 6. In case a particular document is fabricated and is used for taking some benefit, surely cognizable offence is committed. A person may employ the provision of Chapter XII of the Code of Criminal Procedure to initiate criminal proceedings. Likewise, the said person may approach administrative authorities who have either given employment to such a person on the basis of fabricated document; or the authority in whose name such fake document has been issued. Ordinarily, no such order can be passed in public interest litigation directing the public at large not to commit an offence. 7. Considering the totality of the facts and circumstances of the case, we find no merit in the petition which would call for issuing direction in public interest. 8. Dismissed.