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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH, KOHIMA BENCH
MANISH CHOUDHURY
Levi Sumi, New Colony, Zunheboto, Nagaland – Appellant
Versus
State of Nagaland, represented by the Chief Secretary to the Government of Nagaland – Respondent
JUDGMENT & ORDER :
MANISH CHOUDHURY, J.
1. Heard Mr. Taka Masa, learned Senior Counsel assisted by Mr. Arenlong, learned counsel for the petitioner; Mr. E. Thiba Phom, learned Government Advocate, Nagaland for the respondent nos. 1 – 4; and Mr. C.T. Jamir, learned Senior Counsel assisted by Mr. Albina Ozukum, learned counsel for the respondent no. 5.
2. The present writ petition under Article 226 of the Constitution of India is preferred by the writ petitioner seeking the following reliefs :-
1. Quash and set aside, the impugned Order No. DC / KPE / JUD-64 [PT] 2011-12 / 214 dated 31.05.2024 [Annexure - V to the writ petition] issued by the Deputy Commissioner, Kiphire;
2. Quash and set aside / review / modify the impugned Notification No. NPSC/CON-35 / 2009 [Pt-1] dated 30.06.2020 issued by the Secretary, NPSC [Annexure - L to the writ petition] only with regard to Serial No. 37;
3. Direct the Deputy Commissioner, Kiphire to restore the Indigenous Certificate issued by the File No. DC / KPE / JUD-64 / 2017, Registration No. 1013 / 2017 dated 09.06.2017 and Schedule Tribe Certificate of the Petitioner issued by the File No. DC / KPE / JUD-64/2017, registration No. 113 / 2017 dated 09.06.
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Unilateral withdrawal of a recommendation for a Scheduled Tribe certificate without due process violates constitutional protections for Scheduled Tribes.
The court emphasized the importance of objective analysis and compliance with legal provisions and precedents in determining the validity of Scheduled Tribe claims.
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