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

The Gauhati High Court today said that the Mizoram Government may disagree with the recommendation made by its Permanent Body to grant OBC status to Gorkhas, whose parents and grandparents are resident in the State of Mizoram prior to 26th January, 1950.The division bench of Chief Justice (Acting) N. Kotiswar Singh and Justice Soumitra Saikia however said that the State will have to disclose its reasons for the same."Normally 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. However, if the Government does not agree with the recommendation for any reason, it must record the reasons thereof."Accordingly, the bench modified a single bench order of 2017 which directed the State of Mizoram (appellants) to pass appropriate order in terms of the decision of the Permanent Body regarding declaration of the Gorkhas as belonging to OBC category.The court relied upon the judgement of the Supreme Court in Indra Sawhney v. Union of India, 1992 Supp (3) SCC 217 in which it was held that whenever any such Permanent Body makes a recommendation to the Government, it would ordinarily be binding upon the Government, however, where the Government does not agree with the recommendation, it may do so but by recording the reasons therefor. In this background, the court modified the judgment and order of the single judge as follows: “In view of the above, the State Government shall accept the recommendation of the Permanent Body taken on 26.08.2011 regarding the Gorkhas as members of the Other Backward Classes (OBC). However, if the State Government does not agree with the said recommendation, which is ordinarily binding, the State Government must record its reason(s) therefor.” Accordingly, the court closed the writ appeal. Case Title: The State of Mizoram and Anr. v. Mizoram Gorkha Sangh and Anr.Citation: 2023 LiveLaw (Gau) 19 Coram: Chief Justice (Acting) N. Kotiswar Singh and Justice Soumitra Saikia Click Here to Read/Download Judgment

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

Udit Singh

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