Miss Ramila Boro v. The Union of India and 4 Ors

JUDGMENT & ORDER (ORAL) 18/07/2023

The facts involved in both the writ petitions being paramateria and the issue involved are common, both the writ petitions are taken up for disposal by Page No.# 4/5 this common judgment and order.

¶2On 21st of February, 2013 an advertisement was published in the vernacular Assamese daily "Asomiya Pratidin" which was followed by another corrigendum issued on 16th of March, 2013 for appointment of distributorship under the Rajiv Gandhi Gramin L.P.G. Vitrak (RGGLV) Scheme of the Indian Oil Corporation at different locations including Dwarkuchi under Tamulpur Block, district-Baska, Assam which was specifically reserved for ST category only.

¶3The Petitioners in W.P.(C) No.4649/2014 and W.P.(C) No.4667/2014 alongwith the private Respondent submitted their applications. The candidates thereupon were asked to be present on the occasion of draw of lots for selection of the RGGLV to be held on 23.08.2013 at Satyanath Bora Hall, Dighalipukhuri East, Taibullah Road, near Cotton College Girl's Hostel, Guwahati. In the said draw of lots, the private Respondent i.e. Tapan Lahkar was selected as a dealer/distributorship in RGGLV scheme for the location of Dwarkuchi in the district of Baska which is reserved for ST category. The Petitioners in both the writ petitions have assailed the selection of the private Respondent, Tapan Lahkar on the ground that he does not belong to the ST category in the State of Assam.

¶4It appears on record that the Respondent Nos. 2, 3 & 4 i.e. the Indian Oil Corporation have filed their affidavit-in-opposition in W.P.(C) No. 4667/2014. In the said affidavit-in-opposition, it has been mentioned that the private Respondent i.e. Tapan Lakhar had submitted the copy of the ST Certificate issued by the competent authority alongwith his application which was verified subsequent to the draw of lots as per the policy and was found to be in order. It was also mentioned that by an Office Order bearing No. TAD/BC/855/2013/113 Page No.# 5/5 dated 4.8.2014, the Department of Welfare of Plain Tribe and Backward Classes, Government of Assam had declared that the private Respondent i.e. Tapan Lahkar falls within the category of ST(Boro-Kachari).

¶5Taking into account the specific stand of the Respondent Nos. 2, 3 and 4 in their affidavit-in-opposition and also upon a perusal of the Office Order dated 4th of August,2014, this Court is of the opinion that as the private Respondent belongs to the ST category and the only basis on which the writ petitions have been filed i.e. the private Respondent does not belong to the ST category, is totally misconceived, this Court does not find any merits in both the writ petitions and accordingly, both the writ petitions stand dismissed.

¶6Pending application, if any, stands disposed off.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010126742014 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4649/2014ooooooooo MISSoRAMILAoBOROo W/OoSRIoLALIToKUMARoBORO,oR/OoDWARKUCHI,oP.O.oDWARKUCHI,oP.S.o TAMULPUR,oDIST-oBAKSA,oASSAM VERSUSo THEoUNIONoOFoINDIAoando4oORSo REP.oBYoTHEoSECY.oDEPTT.oOFoPETROLEUM,oGOVT.oOFoINDIA,oNEWoDELHI, INDIA 2:INDIANoOILoCORPORATIONoLTD.oIOCL oREP.oBYoTHEoEXECUTIVEoDIRECTOR oIOCL oNORTHoEASToINTEGRATEDoSTATEoOFFICE oEASToPOINToTOWER o4THoFLOOR oBAMUNIMAIDAM oGHY-21 3:DY.oGENERALoMANAGERoLPGoandoCPIO oFORoINDIANoOILoCORPORATIONoLTD. oEASToPOINToTOWER oBAMUNIMAIDAM oGHY-21 4:CHIEFoAREAoMANAGER oFORoINDIANoOILoCORPORATIONoLTD. oDR.oB.K.oKATOKIoROAD oKACHARIoBASTI oULUBARI oGHY-7 Page No.# 2/5 5:TAPAN LAHKAR S/O KARUNA KANTA LAHKAR R/O DWARKUCHI P.O. DWARKUCHI P.S. TAMULPUR DIST- BAKSA ASSA Advocate for the Petitioner : None appeared Advocate for the Respondent : Mr. A. Barkataki Linked Case : WP(C)/4667/2014 BASANTA BASUMATARY S/O- SRI KHAGEN BASUMATARY VILL. and P.O.- DWARKUCHI DIST.- BAKSA BTAD ASSAM PIN- 781376. VERSUS THE UNION OF INDIA and 7 ORS REP. BY THE SECY. MINISTRY OF PETROLEUM and NATURAL GAS NEW DELHI- 1. 2:INDIAN OIL CORPORATION REP. BY THE GENERAL MANAGER NE REGION INDUSTRIAL ESTATE BAMUNIMAIDAM GHY- 22. 3:THE CHIEF AREA MANAGER INTEGRATED AREA OFFICE GUWAHATI 2 DR. B.K. KAKATI ROAD KACHARI BASTI ULUBARI GHY- 7. 4:THE STATE OF ASSAM REP. BY THE COMMISSIONER and SECY. WPT and B.C. DEPTT. Page No.# 3/5 DISPUR GHY- 6. 5:THE SUB-DIVISIONAL OFFICER CIVIL RANGIA SUB-DIVISION P.O. and P.S.- RANGIA DIST.- BAKSA. 6:THE ALL ASSAM TRIBAL SANGHA REP. BY ITS PRESIDENT SRI RANJIT KUMAR BORGOYARI P.O.- TITAGURI P.S. and DIST.- KOKRAJHAR ASSAM H.O. TRIBAL REST HOUSE SOLAPARA PALTAN BAZAR GHY- 8. 7:THE PRESIDENT RANGIA DIST. TRIBAL SANGHA DIST. UNIT ALL ASSAM TRIBAL SANGHA H.O. TRIBAL REST HOUSE SOLAPARA PALTAN BAZAR GHY- 8. 8:TAPAN LAHKAR S/O- SRI KARUNA KANTA LAHKAR VILL. and P.O.- DWARKUCHI DIST.- BAKSA BTAD ASSAM PIN- 781376. ------------ Advocate for : MR.R S CHAUHAN Advocate for : MR.M K CHOUDHURY appearing for THE UNION OF INDIA and 7 ORS Advocate for the Petitioners : None appeared. Advocate for the Respondents : Mr. A. Barkataki. BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH