Back
2023 Supreme(Gau) 186
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ACHINTYA MALLA BUJOR BARUA, ROBIN PHUKAN, JJ.
Kalbari Educated Unemployed Youth Society And Anr. – Appellants
Versus
The Union Of India And 3 Ors. – Respondents
PIL 30 of 2019
Decided on : 01-03-2023
Advocate Appeared:
For the Appellant : Mr. B C Das
Headnote:
Assam SC and ST (reservation of vacancies in services and posts) Rules, 1983 - Rule 3 (1)(b) - Identify status of Scheduled Tribes - Issuing Scheduled Tribes certificates - Petitioner assails communication as regards issuing Scheduled Tribes (Plain) certificates to ‘Sarania Kachari’ community as ‘Kachari’ tribe in Assam - Held, Court provide that contents of preliminary enquiry that may be made through All Assam Tribal Sangha shall not be construed to be final material for Deputy Commissioner or Deputy Collector or Revenue Sub-Divisional Officer for issuing certificates and such authorities shall also make their own application of mind based upon materials that may be available for issuing certificates - Provisions under Rule 3(1)(b) of Rules of 1983 are in nature of authorizing an authority other than Deputy Commissioner, Deputy Collector or Revenue Sub-Divisional Officer to also issue status certificates regarding caste and tribe, Court provide that without interfering with said provision, provisions of Rule 3(1)(b) of Rules of 1983 are read down to mean that said authorities referred therein may also have a recommendatory role regarding identification of persons to whom social status certificates of caste and tribe are being issued, but not final authority to issue certificates, on same terms as already provided in order in respect of All Assam Tribal Sangha - Petition disposed of.
JUDGMENT :
A.M. Bujor Barua, J
Heard Mr. BC Das, learned senior counsel assisted by Mr. S Chauhan, learned counsel for the petitioners. Also heard Mr. R Dhar, learned Additional Senior Government Advocate for the respondents in the WPT and BC Department of the Government of Assam as well as Ms. Binita Pegu, IAS, Secretary to the Government of Assam in the Tribal Affair (P) Department is personally present as per the requirement of the order dated 17.02.2023 and Mr. P Hazarika, learned counsel for the respondent no. 4 being the All Assam Tribal Sangha.
2. It is taken note that the WPT and BC Department of the Government of Assam has been renamed as the Tribal Affair (P) Department.
3. This PIL petition is instituted by the Kalbari Educated Unemployed Youth Society and another assailing the notification dated 22.06.2009 of the Secretary to the Government of Assam in the WPT and BC Department by which it was provided that the Governor of Assam is pleased to authorize the President/Vice President of All Assam Tribal Sangha and District Unit of Assam Tribal Sangha to identify the status of Scheduled Tribes Communities and issue certificates to the Scheduled Tribes (P) and Scheduled Tribes (H) in Assam within the jurisdiction of their respective Districts and Sub-Divisions, temporarily, till finalization of amendment of Rule 3 (1)(b) of the Assam SC and ST (reservation of vacancies in services and posts) Rules, 1983 (in short, the Rules of 1983). The petitioner also assails the communication dated 05.06.2018 from the Commissioner and Secretary to the Government of Assam in the WPT and BC Department made to all the Deputy Commissioners and Sub-Divisional Officers (Civil) in the State of Assam as regards issuing Scheduled Tribes (Plain) certificates to the ‘Sarania Kachari’ community as ‘Kachari’ tribe in Assam.
4. As regards the notification dated 22.06.2009 by which the Governor of Assam was pleased to authorize the President/Vice President of All Assam Tribal Sangha and District Units of Assam Tribal Sangha to identify the status of Scheduled Tribes Communities and issue certificates to the Scheduled Tribes (P) [in short, ST(P)] and Scheduled Tribes (H) [in short, ST(H)] in Assam, it is stated by Ms. Binita Pegu, the Secretary to the Government of Assam in the Tribal Affair (P) Department that the said notification had in the meantime been withdrawn and it is not having its force.
5. In view of such statement, we are not required to adjudicate on the acceptability of the notification dated 22.06.2009 of the Secretary to the Government of Assam in the WPT and BC Department. But as an issue had been raised by Mr. BC Das, learned senior counsel for the petitioners by referring to the judgment of the Supreme Court rendered in Kumari Madhuri Patil v. Addl. Commissioner, Tribal Development and others reported in (1994) 6 SCC 241 wherein in paragraph 13 a procedure had been provided as regards issuing the social status certificates, their scrutiny and approval, we also look into the contents otherwise of the notification dated 22.06.2009. In Clause 1 of paragraph 13 of the judgment rendered in Kumari Madhuri(supra) it had been provided that the application for grant of social status certificate shall be made to the Revenue Sub-Divisional Officer and Deputy Collector or Deputy Commissioner and the certificate shall be issued by such officer rather than at the Taluk or Mandal level.
6. The purport of the said provision of the Supreme Court in paragraph 13 of the judgment rendered in Kumari Madhuri (supra) would be that the application for grant of social status certificates are to made either to the Deputy Commissioner or Deputy Collector or the Revenue Sub-Divisional Officer.
7. It is stated that although the notification dated 22.06.2009 had authorized the President/Vice President of All Assam Tribal Sangha and District Unit of Assam Tribal Sangha to identify the status of the Scheduled Tribes communities and to issue certificates to ST (P) and S
