GAHC010131552013 2025:GAU-AS:17394

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/5344/2013

BARPETA ZILA ANUSUSIT JATI PARISHAD

REP. BY THE ASSISTANT SECRETARY, SRI SANJIT MEDHI VILL-

GANAKKUCHI PATHAR P.O. GANAKKUCHI, P.S. BARPETA, DIST. BARPETA,

ASSAM. VERSUS

THE STATE OF ASSAM AND 6 ORS

THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM,

WELFARE OF PLAINS TRIBES and BACKWARD CLASSES DEPARTMENT,

DISPUR, GUWAHATI-6.

2:THE PRINCIPAL SECRETARY

TO THE GOVT. OF ASSAM

DEPARTMENT OF SOCIAL JUSTICE AND EMPOWERMENT

ASSAM SECRETARIAT

DISPUR GHY-6.

3:THE DIRECTOR

OF SOCIAL JUSTICE AND EMPOWERMENT

ASSAM

LAKHI MANDIR

BELTOLA- 28.

4:THE DISTRICT COMMISSIONER

BARPETA

DIST BARPETA

ASSAM.

5:THE SUB-DIVISIONAL OFFICER SADAR

BARPETA

DIST. BARPETA ASSAM.

6:THE SUB DIVISIONAL WELFARE OFFICER BARPETA DIST. BARPETA ASSAM.

7:SRI PRASENJIT TALUKDAR S/O DHANI RAM TALUKDAR VILL- BISHNUPUR P.O. BHELLA P.S. BARPETA DIST. BARPETA ASSAM PIN- 781309.

8:The Principal Secretary to the Government of Assam Department of Tribal Affairs (P)

Assam Secretariat Dispur Guwahati- 781006

9:THE DIRECTOR OF TRIBAL AFFAIRS (P)

ASSAM RUKMININAGAR RUKMINI GAON GUWAHATI ASSAM PIN-78100 Advocate for the Petitioner : MS.M GOSWAMI, MR.B DEORI,MR.S U AHMED,MR.M SARANIA Advocate for the Respondent : FOR CAVEATOR, MR R DHAR, SC, TRIABALS AFFAIRS (P),MR.

C. SARMA, SC, SOCIAL JUSTICE AND EMPOWERMENT,MR.J AHMED,MR.A M KHAN,MS.B HAZARIKA(R-1 to 6),MR.P A AHMED,GA, ASSAM B E F O R E HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR For the Appellant : Mr. M Sarania For the Respondent : Mr. R M Das Mr. C Sarma Mr. T C Chutia Mr. J Ahmed Date of Hearing : 19.08.2025 Date of Judgment : 11.12.2025 Judgment and Order (CAV)

Heard Mr. M Sarania, learned counsel for the petitioner. Also heard Mr. R M Das and Mr. C Sarma, learned Standing counsel, Social Justice and Empowerment Department, appearing for the respondent Nos. 1, 2 & 3; Mr. T C Chutia, learned Additional Senior Government Advocate, appearing for the respondent Nos. 4, 5 & 6 and Mr. J Ahmed, learned counsel for the respondent No. 7.

2. The petitioner Parishad by way of instituting the present proceeding has assailed the Schedule Caste Certificate issued to the petitioner. The Parishad has also assailed the decision of the State Level Scrutiny Committee as contained in the order dated 14.08.2013, upholding the Scheduled Caste status of the respondent No. 7, herein.

3. As projected in the writ petition, the petitioner Parishad is the District Unit of all Assam Anususit Jati Parishad and has been constituted for the Barpeta District. The parent Parishad is a Social Welfare Organization consisting of Scheduled Caste Community persons in the State of Assam and is registered under the Societies Registration Act, 1860.

The Government of Assam in the then WPT&BC Department, vide Notification dated 26.08.2011 had constituted the Sub-Divisional Scheduled Caste Development Board, Barpeta and therein, the respondent No. 7 was nominated as its Chairman along with one Vice Chairman, 20 Members and one Ex-Officio Member. There was also a nomination of a person as the Secretary of the Board. The Sub-Divisional Scheduled Caste Development Board, Barpeta, being entrusted with the responsibility to carry out socio-economic development of the Members of the Schedule Caste Community in the area under its jurisdiction, the respondent No. 7, being found to not belong to any of the communities, which are indentified as Schedule Caste communities in terms of the Constitution (Scheduled Caste) Order 1950, as amended, the Members of the petitioner Parishad enquired into the matter and found that the respondent No. 7 had obtained a Caste Certificate, bearing No. BAMC/71/2008/24 dated 08.02.2010 from the office of the Deputy Commissioner, Barpeta. The respondent No. 7 in the said certificate was reflected to belong to the ‘Kaibartta Caste, which is recognized as a Scheduled Caste community under the Constitution (Scheduled Caste) Order 1950.

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