Urirei Singh v. The Indira Gandhi National Open University and 5 Ors

PageoNo.#o1/4 GAHC010125232024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3236/2024o URIREIoSINGHo W/O-oN.oGOBINoSINGH,oR/O-oPAILAPOOL,oDIST.oCACHAR,oASSAM,oPIN-o 788098. VERSUSo THEoINDIRAoGANDHIoNATIONALoOPENoUNIVERSITYoANDo5oORSo REPRESENTEDoBYoITSoREGIONALoDIRECTOR,oIGNOUoREGIONALoCENTRE,o GMCHoROAD,oCHRISTIANoBASTI,oGUWAHATI-781005,oASSAM 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENTo OFoASSAM oREVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT oDISPUR oGHY-06. 3:THEoDEPUTYoCOMMISSIONER oCACHAR oDIST.oCACHAR oSILCHAR oASSAM oPIN-o788001. 4:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-781019. 5:THEoSUB-DIVISIONALoOFFICERo(CIVIL) oLAKHIPUR oDIST.oCACHAR Page No.# 2/4 ASSAM PIN-788103. 6:PH. RUTH JOAN SINGHA W/O-PH. MANIDHON SINGHA R/O-VILL.- LALANG PART-I PAILAPOOL DIST. CACHAR ASSAM PIN-788098 Advocate for the Petitioner : MR. M P SARMA Advocate for the Respondent : GA, ASSAM

BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR

26.06.2024 O R D E R

Heard Mr. M.P. Sharma, learned counsel for the petitioner. Also heard Mr. J. Handique, learned Standing Counsel, Revenue Department, Government of Assam, for respondent No.2; Ms. D.D. Barman, learned Additional Senior Government Advocate, Assam, for respondent Nos.3 and 5 and Ms. N. Phukan, learned Standing Counsel, Elementary Education Department, Government of Assam, for respondent No.4.

¶2The petitioner is presently serving as Principal of Emmanuel English High School, Pailapool in the district of Cachar. The respondent No.6 is the daughter of the petitioner and she was also serving as Assistant Teacher of Emmanuel English High School, Pailapool.

¶3The petitioner is aggrieved by the fact that the respondent No.6, who is her daughter, had resorted to falsehood to secure admission into the B. Ed course in Page No.# 3/4 Indira Gandhi National Open University (IGNOU) for the year 2012 by misrepresenting that the respondent No.6 belongs to Non-Creamy Layer of Other Backward Classes (OBC) community.

¶4It is the case of the petitioner that the Department of Personnel & Training

(DoPT), Government of India by Office Memorandum, dated 14.10.2008, has laid down that son(s) and daughter(s) of persons belonging to Other Backward Classes and having gross annual income of Rs. 4.5 lakhs or above shall fall within the category of creamy layer.

¶5It is the further case of the petitioner that the gross annual income of the petitioner for the year 2010-2011 and 2011-2012 is above the said limit and, therefore, her daughter/respondent No.6 will not be entitled to the relaxations granted to OBC community and, therefore, the OBC (NCL) certificate, which was submitted by the respondent No.6 for securing admission into B. Ed course conducted by the IGNOU, is a fake document. It is also the case of the petitioner that in view of the fake document submitted by respondent No.6 to secure her B. Ed course in the IGNOU, the same has an impact on the reputation of the petitioner as well as the petitioner's school.

¶6The petitioner, therefore, made a representation before the Regional Director, IGNOU, Guwahati, Assam on 09.04.2024 disclosing the aforementioned facts and to take appropriate steps against her daughter/respondent No.6. The petitioner had also sent her representation through e-mail on 12.04.2024, 19.04.2024 and

07.05.2024.

¶7The grievance of the petitioner is that the representation filed by the petitioner on 09.04.2024, is yet to be considered by the Regional Director, IGNOU/respondent No.1. Page No.# 4/4

¶8After hearing learned counsel for the parties, this writ petition is disposed of directing the respondent No.1 to consider the representation made by the petitioner on 09.04.2024 and dispose of the same by a speaking order and in accordance with law within a period of two months from the date of receipt of a copy of the order of this Court.

¶9With the above observations and directions, this writ petition is disposed of.

JUDGE Comparing Assistant