Gauhati High Court: Mizoram Govt Must Record Reasons If It Disagrees With Recommendation To Grant OBC Status To Resident Gorkhas

The Gauhati High Court in the case The State of Mizoram and Anr. v. Mizoram Gorkha Sangh and Anr observed and has stated that the Mizoram Government may disagree with the recommendation which is being made by the Permanent Body to grant OBC status to Gorkhas, whose grandparents and the parents are resident in the State of Mizoram prior to January 26, 1950. The division bench comprising of Chief Justice (Acting) N. Kotiswar Singh and Justice Soumitra Saikia in the case observed and has stated that the State will have to disclose its reasons for the same.

The court stated that the recommendation made by the Permanent Body as regards inclusion or otherwise and other issues relating to the list of Other Backward Classes will be binding on the Government. Therefore, if the Government does not agree with the recommendation for any reason, thereof, the reason must be recorded for the same. However, the order of 2017 passed by the single bench has been modified by the bench wherein it has been directed by the State of Mizoram (appellants) for passing of an appropriate order in terms of the decision of the Permanent Body with regards to declaration of the Gorkhas as belonging to OBC category.

In the present case, the sad court relied upon the judgement of the Supreme Court in the case Sawhney v. Union of India, wherein it has been held by the court that whenever any such Permanent Body makes a recommendation to the Government, the same would ordinarily be binding upon the Government and in the case where the Government does not agree with the recommendation, the Government may do so but the reason is to be recorded for the same. The order passed by the Single judge was modified by the court as follows: The State Government shall accept the recommendation of the Permanent Body taken on August 26, 2011 with regards to regarding the Gorkhas as members of the Other Backward Classes (OBC). In the case, if the State Government does not agree with the said recommendation, which being already binding, thereof, the reason must be recorded by the State Government for the same.

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