GUWAHATI, India, Oct. 21 -- Gauhati High Court issued the following order on Sept. 22:

1. We have heard Mr. A. R. Bhuiyan, learned counsel for the appellant in WA No. 402/2023 (private respondent in WA No. 407/2023) and Mr. S. K. Medhi, learned counsel for the appellant in WA No. 407/2023 (private respondent in WA No. 402/2023). We have also heard Mr. K. Gogoi and Mr. A.R. Tahbildar, learned counsel representing the State/respondents.

Both the appeals being inter-connected, have been heard together and are being disposed off by this common judgment.

2. WA 402/2023 has been filed by Dr. Md. Sarwar Jahan challenging the judgment dated 08.09.2023 passed in Review Pet. No.183/2022, in WP(C) No.4660/2021; whereas WA 407/2023 has been filed by Dr. Mithun Paul against the same judgment but only to the extent of the observation made in the impugned judgment, giving liberty to the respondents to take steps for filling up the posts of Assistant Professor in the Department of Education in Pandit Deendayal Upadhyaya Govt. Model College, Katlicherra in the district of Hailakandi, by a fresh process as per law.

3. By Advertisement No. 01/2020 dated 13.08.2020, for filling up posts in various departments in the college in question, including the department of Education, which is under consideration in the afore-noted appeals, 3 (three) posts of Assistant Professor in the Education Department, one each for unreserved category, OBC/MOBC category and for SC category, were advertised.

4. Both the appellants, i.e. Dr. Sarwar Jahan (appellant in WA 402/2023) and Dr. Mithun Paul (appellant in WA 407/2023) applied for the post of Assistant Professor in the Education Department in the OBC category.

5. Dr. Sarwar Jahan claimed to belong to the OBC category on the strength of a certificate of OBC issued by the State of West Bengal. His candidature as an OBC category candidate was questioned by Dr. Mithun Paul at the stage of recruitment on the ground that Dr. Sarwar Jahan had applied in another college as a General Category candidate and that the OBC certificate submitted by him was issued by the State of West Bengal and also for the reason that he is a resident of district Malda in the State of West Bengal.

6. However, Dr. Sarwar Jahan was selected and was issued appointment letter on 20.09.2021.

7. Dr. Mithun Paul challenged such appointment before this Court vide WP(C) 4660/2021 on the ground that caste status is a state-wise concept and a person of a reserved or other backward community in one State may not readily be conferred that status in another State.

8. By order dated 22.09.2021 passed by this Court in WP(C) 4660/2021, the appointment letter of Dr. Sarwar Jahan (appellant in WA 402/2023) was put in abeyance. Dr. Sarwar Jahan thereafter filed an interlocutory application seeking to get the stay order vacated.

9. The learned Single Judge vide order dated 17.02.2022, after hearing the parties, dismissed the writ petition itself holding that though the appointment of Dr. Sarwar Jahan has been put to challenge, there is no reference in such challenge to the appointment order and that the claim of Dr. Sarwar Jahan was based on a certificate issued by the competent authority of the State of Assam, which declared him to be belonging to 'Jolha' caste, which admittedly falls under OBC/MOBC category in the State of Assam. Though the learned Single Judge noted that there are some anomalies in the case because two Caste Certificates had been issued by two different States regarding the caste status of Dr. Sarwar Jahan, but chose to dismiss the writ petition filed by Dr. Mithun Paul, but leaving it open for him to challenge the claim of Dr. Sarwar Jahan of his belonging to OBC/MOBC category.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpJWoWT8S6U5ziISk%2FTnDDvkQjE1n7oRKRBp92LN0yOfH&caseno=WA/402/2023&cCode=1&cino=GAHC010228562023&state_code=6&appFlag=)

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