GAHC010002622025 2025:GAU-AS:17167

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/62/2025

KANGKAN JYOTI MALAKAR

S/O DHARMESWAR MALAKAR,

RESIDENT OF HAJO BARCHAPORI, PS AND PO HAJO, DIST KAMRUP R

ASSAM 781102

VERSUS

INDIAN OIL CORPORATION LIMITED AND 2 ORS

REPRESENTED BY ITS CHIEF GENERAL MANAGER, GUWAHTAI

DIVISIONAL OFFICE, 4TH FLOOR, EAST POINT TOWER, BAMUNIMAIDAM,

GUWAHATI 781021 ASSAM

2:THE DEPUTY GENERAL MANAGER

HUMA RESOURCE

INDIAN OIL CORPORATION LIMITED

GUWAHATI REFINERY

NOONMATI

GUWAHATI 781020 ASSAM

3:THE DEPUTY COMMISSIONER/ DISTRICT MAGISTRATE

KAMRUP R ASSA

Advocate for the Petitioner : MR. P KALITA, MS S SHARMA,MR. K MOHAMMED,MR. D

DAS SR. ADV,MR. I CHOUDHURY,M INGTI

Advocate for the Respondent : GA, ASSAM, MR. S BANIKYA(R-1,2),MR. M GOGOI (R-1,2),MR.

N DEKA(R-1,2)

BEFORE

HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 10-12-2025

Heard Mr. D. Das, learned Sr. counsel assisted by Mr. K. Mohammad, learned counsel for the petitioner. Also heard Mr. N. Deka, learned standing counsel, IOCL appearing for the respondent Nos. 1 & 2 and Ms. M. Bhattacharjee, learned Addl. Sr.

Govt. Advocate, Assam appearing for the respondent Nos. 3.

2. The petitioner by way of instituting the present proceeding has assailed the cancellation of his candidature against the post of Junior Engineering Assistant-IV (Production) in pursuance to the advertisement dated 20-07-2024, on the ground of inconsistency found in the form of caste certificate submitted by the petitioner in the matter. The specific ground of rejection of the candidature of the petitioner is that in the caste certificate so issued to the petitioner his caste/ sub-caste was not mentioned, therein.

3. The petitioner projects that he belongs to the sub-caste ‘Mali’ which is recognized as “Schedule Caste” community in the State of Assam. In pursuance to the advertisement dated 20-07-2024 issued by the Indian Oil Corporation Ltd. (IOCL) authorities for recruitment to various posts, including the post of Junior Engineering Assistant-IV (Production) having post code number 201, the petitioner having fulfilled the requisite eligibility criteria submitted his candidature against the same. In terms of the provision of Clause-13 of the said advertisement the candidates were to upload various documents including their schedule caste/ schedule tribe/ other backward classes certificate in the form prescribed. The petitioner had along with his application, uploaded a Caste Certificate, in the prescribed form, issued earlier to him by the office of the District Commissioner, Kamrup at Amingaon.

The petitioner was, thereafter, issued with a admit card for appearing in the Computer Based Test, which was held on 29-09-2024. The petitioner appeared in the said examination. As per the procedure mandated in the advertisement, on completion of the computer based test, a list of candidates found suitable for the next stage of the recruitment, i.e. Skill/ Proficiency/ Physical Test (SPPT) would be published in the website of the respondent/ IOCL. The score card of the petitioner, herein, was uploaded in the website and therein it was disclosed that he had scored 51 marks in the Computer Based Test. However, his candidature was not considered for further stages of the selection process on the ground that his caste could not be verified as the name of his sub-caste was not found mentioned in the caste certificate uploaded by.

The petitioner being aggrieved has instituted the present proceeding.

4. Mr. D. Das, learned Sr. counsel appearing for the petitioner after reiterating the facts noticed, hereinabove, has submitted that the fact that the petitioner belongs to the Schedule Caste community is not in dispute. Further the certificate as produced by him certifying his Schedule Caste status was issued by the competent authority, which is also not disputed by the authorities. Mr. Das submits that in the certificate so issued to the petitioner by the competent authority of