Gauhati High Court
Md. Helal Ahmed vs The State Of Assam And 4 Ors on 17 December, 2020
Author: Achintya Malla Bujor Barua
Bench: Achintya Malla Bujor Barua
Page No.# 1/3
GAHC010180762020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5390/2020
MD. HELAL AHMED
S/O. LT. ABDUL HOQUE, VILL. AND P.O. KANISHAIL, DIST. KARIMGANJ,
ASSAM, PIN-788711.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM,
EDUCATION DEPTT.
2:THE DIRECTOR
HIGHER EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
3:THE DY. COMMISSIONER
DIST. HAILAKANDI
ASSAM.
4:THE PRINCIPAL
PANDIT DEENDAYAL UPADHYAYA GOVT. MODEL COLLEGE
KATLICHEERA
HAILAKANDI
P.O. SULTANICHEERA
DIST. HAILAKANDI
ASSAM
PIN-788162.
5:NABAJYOTI BHATTACHARJEE
C/O. MANJUSHREE BHATTACHARJEE
Page No.# 2/3
P.S. AND P.O. TARAPUR
SHAILASHREE LANE
TARAPUR-7
DIST. CACHAR
ASSAM
PIN-788002
Advocate for the Petitioner : MR F Z MAZUMDER
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
17.12.2020 Heard Mr. F. Z Mazumdar, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned counsel for the Higher Education Department and Mr. B. Deuri, learned counsel for the respondent no.
3. Issue notice, returnable by 08.01.2020.
Steps on respondent no. 5 by registered post, speed post as well as by dasti method.
Pursuant to an advertisement no. 01/2020 of the Principal, Pandit Deendayal Upadhyaya Govt. Model College Katlicheera, Hailakandi, the petitioner offered his candidature against the post of Assistant Professor in Mathematics which is reserved for Unreserved-EWS. The petitioner raises an objection to the candidature of the respondent no. 5 on the ground that when the same candidate had offered his candidature pursuant to an advertisement for the post of Assistant Professor in Mathematics in the Behali Degree College, the list of candidates prepared by the said college shows that the respondent no. 5 is categorized to be an OBC.
Mr. F.Z. Mazumdar, learned counsel further relies on an Office Memorandum dated 31.01.2019 of the Government of India, Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training which provides that the persons belonging to EWS who are not covered under the scheme of SCs, STs and OBCs shall get 10% reservation in direct recruitment.
Accordingly, it is the contention that if the respondent no. 5 belongs to the OBC category he cannot avail a benefit of reservation under the EWS category when the post advertised is specifically reserved for Unreserved-EWS.
Page No.# 3/3 In order to arrive at a prima facie satisfaction as to whether the respondent no. 5 belongs to OBC category or not, we require the Director of Higher Education Department to communicate with the Principal of Behali Degree College and obtain a photocopy of the application and other enclosures that the respondent no. 5 may have made, which may give an indication regarding his status whether he is an OBC or not.
Till the next returnable date, the candidature of the respondent no. 5 be not further processed pursuant to the advertisement no. 01/2020 of the Principal, Pandit Deendayal Upadhyaya Govt. Model College Katlicheera, Hailakandi List on 08.01.2020.
JUDGE Comparing Assistant