Persons classified as Scheduled Castes in one state cannot claim similar benefits in another state under the Constitution; eligibility for appointment positions must adhere to local classifications.

JUDGMENT :

Heard Ms. S.B. Choudhury, learned counsel for the petitioner in WP(C) 158/2017 and for the respondent No. 7 in WP(C) 5227/2017. Also heard Mr. R.P. Kakoti, learned senior counsel assisted by Mr. A.D. Das, learned counsel for the petitioner in WP(C) 5227/2017 and for the respondent No.7 in WP(C) 158/2017 as well as Mr. A.T. Sarkar, learned counsel for the respondent No.8 in both the writ petitions and Mr. S. Bhuyan, learned State counsel for the respondents No. 1 and 2.

2. Having regard to the affinity of the factual background and the issues raised, both the writ petitions were heard analogously and are disposed of by this judgement.

3. Pleaded facts, in brief, are that the present writ petition being WP(C) 158/2017 has been instituted by the petitioner, challenging the non-selection of the petitioner for appointment to the post of Assistant Professor in Zoology Department, Cachar College, Silchar, and selection and recommendation of respondents no. 7 and 8 in the first and second positions by selection committee despite the petitioner having scored highest marks. The petitioner has also challenged the impugned speaking order dated 13.12.2016 passed by the Director of Higher Education, Assam, whereby, it is held that the petitioner cannot be considered for appointment as she is not a scheduled caste (SC) from Assam and asked the selection committee to take fresh resolution and to consider the respondent no. 8 for appointment to the post of Assistant Professor in Zoology Department, Cachar College, Silchar.

4. The petitioner is B.Sc (Honours) and M.Sc in (Zoology) having State Eligibility Test (SET) with Ph.D. The petitioner belongs to Hemam Sageis of Lois Community, which is recognized as a Scheduled Caste as per the Constitution (Scheduled Castes) order, 1950.

5. An advertisement was issued vide Memo No. Advt./2015/637-A dated 23.12.2015 by the Principal (i/c) Cachar College, Silchar, inviting applications from eligible candidates having UGC norms with NET/SLET/SET (as mandatory requirement) Ph.D (in accordance with UGC regulations 2009), M. Phil (obtained on or before 10.07.2009) excluding candidates obtained M.Phil/Ph.D degree from off-campus centre for filling up of 5 (five) vacant posts of Assistant Professor including Assistant Professor, Zoology. In the advertisement, it is reflected that the post of Assistant Professor, Zoology, is reserved for Scheduled Caste (SC) candidate. It provides that the candidates must have permanent residential certificate (PRC) and must know local language. Pursuant to the said advertisement dated 23.12.2015, the petitioner being eligible and qualified for the said post of Assistant Professor in Zoology had applied by submitting all the required certificates/testimonials. Thereafter, the petitioner was called for interview vide call letter dated 10.08.2016, which was scheduled to