The central legal point established in the judgment is the requirement for a proper and lawful process of caste status verification, in compliance with the directions of the Hon’ble Supreme Court, and the consequences of fraudulent caste certificates.

Heard Mr. P. D. Nair, learned counsel for the petitioner. Also heard Mr. S. P. Das, learned Standing counsel for the Labour and Employment Department appearing for the Respondent No.1 and Mr. R. M. Das, learned standing counsel, Director of Employment and Craftsman Training appearing for the respondent Nos. 2, 3 and 4. Also heard Mrs. D. Das Barman, learned Additional Senior Government Advocate appearing on behalf of the Respondent Nos. 5, 6 and 7. None has entered appearance for the respondent No.8.

2. The challenge presented in the present proceedings is to a Speaking Order dated 20.12.2013 issued by the Commissioner and Secretary to the Government of Assam, WPT & BC Department communicating the conclusions reached by the State Level Scrutiny Committee (SLSC) with regard to the Schedule Caste category status of the Petitioner herein.

3. As projected in the writ petition, the petitioner claims to belong to the “Mala” sub-caste which is recognized as a Schedule Caste within the State of Assam and accordingly, the Sub-Divisional Schedule Caste Development Board, Dhemaji had issued to the Petitioner a caste certificate on 16.07.2005 certifying that the petitioner belongs to the Schedule Caste community. The said certificate was counter signed by the Deputy Commissioner, Dhemaji on 18.07.2005. The respondent No.2 vide an advertisement dated 23.12.2010 invited applications from eligible candidates for filling up of 34 nos. of post of Junior Assistant in different Employment Exchanges under the Directorate of Employment and Craftsmen Training, Assam. The said advertisement also made provision for reservation of posts for candidates belonging to the Schedule Caste community. The Petitioner accordingly being eligible for applying against the post so advertised vide the advertisement dated 23.12.2010, submitted her application and participated in the selection process so held. The petitioner on conclusion of the said selection process came to be selected for appointment as Junior Assistant against the post so reserved for Schedule Caste category candidates. Accordingly, vide an order dated 26.12.2011, the Deputy Director of Employment, Central Assam Zone, Tezpur appointed the petitioner as a Junior Assistant in the establishment of the District Employment Exchange Officer, Dhemaji.

4. As the petitioner was continuing in her services in pursuance to the order of appointment dated 26.12.2011, an FIR came to be lodged against her by one Deba Kumar Das, General Secretary, All Assam Schedule Caste Students Union alleging that the Schedule Caste certificate was obtained by the petitioner in a fraudulent manner and basing on the same secured an appointment in the Office of the District Employment Exchange, Dhemaji thereby depriving genuine Schedule Caste candidates from being appointed. Basing on the said FIR, a case being Dhemaji Police Station Case No.74/2012 was registered under Section 420/464 of the Indian Penal Code. The Petitioner was placed under arrest in connection with the said case. In view of the arrest of the petitioner in connection with the said case, the petitioner was vide order dated 29.01.2013 placed under suspension.

5. It is the contention of the petitioner that the said criminal case was investigated by the authorities and no incriminating materials having been found against the petitioner, final report came to be submitted on 10.06.2013 before the Court of the jurisdictional Chief Judicial Magistrate. The learned Judicial Magistrate, First Class, Dhemaji on consideration of the said final report proceeded to remand the matter back to the Officer-in-Charge, Dhemaji Police Station for reinvestigation of the case by appointing a different Investigating Officer. Being aggrieved by the order dated 23.07.2013, the petitioner approached this Court by way of instituting Criminal Petition No.603/2013.

6. This Court vide order dated 09.06.2014 gave a final consideration to the said criminal petition by directing the learned Judicia