WP(C) 3895/2009 BEFORE THE HON’BLE MR. JUSTICE RANJAN GOGOI. THE HON’BLE MR. JUSTICE A. POTSANGBAM Ranjan Gogoi, J. Heard Sri B. D. Konwar, learned counsel for the petitioner and Sri R. Dubey, lea rned counsel appearing for the Assam Public Service Commission. As agreed to and in view of the subject matter involved, final orders in the wri t petition are being passed at the motion stage. The writ petitioner, Dr. Bidyut Das Boro, was recommended by the Assam Public Se rvice Commission for appointment in the Assam Civil Service (Junior Grade). Such recommendation was made on the basis that the petitioner is a candidate belongi ng to Scheduled Tribe (Plains) of Assam. The selection of the petitioner to the ACS (Jr. Grade) came to be challenged before this Court in a writ petition regis tered and numbered as WP(C) No.2754 of 2009. The aforesaid writ petition was dis posed of by this Court by order dated 2.9.2009 holding that the present writ pet itioner, Dr. Bidyut Das Boro, is not entitled to be recognized as a member of th e ST(P) and, therefore, his selection to the ACS (Jr. Grade) as a ST(P) candida te is legally infirm. Consequently, the selection of the writ petitioner was set aside by this Court by order dated 2.9.2009. The present writ petition has been filed contending that if the petitioner is no t to be treated as a ST(P) candidate he is entitled to be treated as a candidate of the general category. It is further stated that the petitioner has requisite marks as a general category candidate which will entitle him to be selected for appointment in other category posts for which recommendations were made by the Assam Public Service Commission along with the recommendations for appointment i n the ACS (Jr. Grade). However, the petitioner entertains an apprehension that h is case as a general category candidate may not be considered in view of clause 3(iv) of the advertisement issued by the Public Service Commission, particularly a part thereof which is to the following effect : However in case of detection of any false declaration made by the candidates/ap plicants, he/she will be penalized as per rules/law. Learned counsel for the Assam Public Service Commission, on receipt of instructi ons, has submitted that the Commission has left the matter to be decided by the Court and such directions as may be issued by the Court in this regard will be d uly implemented by the Commission. We do not see as to how the provision of Clause 3(iv) of the advertisement, as e xtracted by us above, can have any application to the present case. From the jud gment dated 2.9.2009 passed by this Court in WP(C) No.2754 of 2009 it is evident that the claim of the petitioner to be a member of the ST(P) was founded on the basis that his father, who belongs to the General category ,was accepted by the Boro Community and a resolution of the Boro Samaj taken way back in the year 19 80. The said resolution was placed before the Court in WP(C) No.2754 of 2009. Th e writ petitioner has also brought on record a caste certificate issued to him c ertifying him to be a member of the Boro-Kachari Community which is a recognized ST(P). The said certificate dated 2.4.1988 was issued by the General Secretary of the All Assam Tribal Sangha. It is the aforesaid certificate which was filed by the petitioner along with his application to the Assam Public Service Commis sion. On the basis of the aforesaid facts the petitioner believed and claimed that he is a member of the ST(P). The certificate issued by the All Assam Tribal Sangha, which is a competent body to issue caste certificates, amply substantiates the claim of the petitioner. Upon an adjudication of the surrounding facts and circu mstances in WP(C) No.2754 of 2009 the Court came to the conclusion that the peti tioner is not entitled to be treated as a member of the ST(P). No finding of th e Court was recorded that the said claim of the petitioner was in any way false or supported by any false/fictitious document or certificate. In such circumstan ces and also having regard to the facts noticed above, we are of the view that C lause 3(iv) of the advertisement, extracted in the present order, will have no a pplication to the case of the petitioner and the petitioner is entitled to be tr eated as a general category candidate for the purpose of selection and appointme nt in terms of the advertisement No.6/2006 issued by the Assam Public Service Co mmission. The writ petition shall stand disposed of in the above terms.