STAFF REPORTER
GUWAHATI: The Gauhati High Court has dismissed a Writ Petition which sought the issuance of a Writ of Mandamus by the court in connection with a fake Scheduled Tribe (Plain) certificate being allegedly issued to Naba Kumar Sarania, Lok Sabha MP from the Kokrajhar constituency.
The petitioner's counsel informed a Bench comprising Justice Michael Zothankhuma that a complaint had been lodged regarding the fake ST certificate with the Chairman of the State Level Scrutiny Committee on June 11, 2019, seeking an inquiry into the matter. However, the counsel said, the State Level Scrutiny Committee, which had been constituted by the Welfare of Plain Tribes & Backward Classes (WPT & BC) Department as per a judgment of the Supreme Court, has refrained from taking action on the complaint.
On the other hand, the counsel for the WPT & BC Department questioned the locus standi of the petitioner in the matter and further pointed out that Naba Kumar Sarania has not been made a party to the Writ Petition.
The Bench observed that in an earlier case, the Supreme Court had laid down that a Writ Petition under Article 226 of the Constitution is maintainable either to enforce a statutory or legal right or when there is a complaint by the petitioner that there has been a breach of statutory duty on the part of the authorities. It also held that the court can enforce the performance of a statutory duty using its writ jurisdiction at the behest of a person, provided that such person satisfies the Court that he has a legal right to insist on such performance.
The Bench further observed: "The expression 'person aggrieved' does not include a person who suffers from a psychological or an imaginary injury. A person aggrieved must, therefore, necessarily be one whose right or interest has been adversely affected or jeopardized".
Noting that the petitioner has been unable to show that his legal right has been affected in any manner because of the issuance of the ST (P) certificate to Naban Kumar Sarania, the High Court Bench dismissed the Writ Petition.
However, the Bench asked the Chairman of the State Level Scrutiny Committee to take an independent decision regarding the petitioner's earlier complaint dated June 11, 2019, within two months.
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