JUDGMENT :

The present application has been filed praying for review of a judgment & order dated 17.02.2022 passed by this Court in WP(C)/4660/2021 along with IA(C)/2298/2021. The review applicant was the writ petitioner in the aforesaid writ petition.

2. I have heard Shri S.K. Medhi, learned counsel for the review-applicant. Also heard Shri F.Z. Mazumder, learned counsel for the respondent no. 6 whereas the Education Department is represented by Shri K. Gogoi, learned Standing Counsel. Shri Gogoi has also produced the original records of the case.

3. It may be mentioned that in the aforesaid writ petition, the I.A. was filed by the private respondent no. 6 and while considering the said I.A., the entire writ petition was taken up for consideration and accordingly dismissed.

4. Before going to the issue which has arisen for consideration as to whether a case for review has been made out, it would be convenient if the facts of the case is narrated in brief.

5. An advertisement was issued for filling up the post of Assistant Professor in the Department of Education in the Pandit Deen Dayal Upadhyaya Government Model College, Katlichera in the district of Karimganj with last date of submission as 26.08.2020. There were three vacancies out of which one was reserved for OBC. The applicant who belongs to the OBC category had applied for the said post along with the respondent no. 6. The respondent no. 6 had declared himself to be an OBC from the State of West Bengal. At the stage of the recruitment, the applicant had lodged a complaint before the Director of Higher Education on the candidature of the respondent no. 6 mainly with regard to his category as OBC. It was mentioned that the respondent no. 6 had also applied in another College as a general category candidate. Ultimately, vide an order dated 18.08.2021, the Principal of the college was informed by the Director regarding the appointment of the respondent no. 6.

6. It is therefore the selection and appointment of the respondent no. 6, which was the subject matter of challenge in the writ petition. Initially, the learned Single Judge had passed an interim order of stay. However, an interlocutory application was filed by the respondent no. 6 for vacation of the interim order which was also objected to by the petitioner.

7. It is the categorical case of the applicant that the respondent no. 6 had also applied in other Colleges where he had declared himself to be an unreserved candidate. While in another College he stated to be an OBC category candidate of the State of West Bengal.

8. Both the writ petition as well as the interlocutory application was taken up for consideration on 17.02.2022 and this Court, after hearing had dismissed the writ petition, however, with liberty to challenge the issue of the OBC. The interim order was also vacated. The learned counsel for the applicant, Shri Medhi has however pointed out that in the writ petition, no affidavit was filed by the Department.

9. Being aggrieved by the aforesaid order dated 17.02.2022, the applicant had preferred a writ appeal being WA/110/2022. In the said appeal, the State had however filed the affidavit. Shri Medhi, the learned counsel for the applicant has submitted that in the said affidavit, certain significant disclosures have been made. The affidavit also contains a letter dated 22.02.2021 issued by the Director of Education wherein it has been stated that the OBC Certificate from West Bengal is treated as unreserved / general category in Assam. Therefore, there was a recommendation to re-advertise the post. However, in reply thereto, the Principal of the College had issued a letter dated 22.03.2021 with which a Certificate of the year 2005 issued by the competent authority of Assam has been referred to and annexed in which it has been stated that the respondent no. 6 belongs to the OBC category.

10. Being apprised with the aforesaid development which came into light after filing of the affidavit-in-opposition in the writ a