Aminul Islam@Hoque v. The State of Assam and 4 Ors

ORDER Date : 27-01-2023

Heard Mr. S. Hazarika, learned counsel for the petitioner. The writ petitioner herein claims that he was the In-Charge Gaon Burah of Lot No. 20 of Medhirtari under Jonia Mouza of Baghbor Revenue Circle in the district of Barpeta. In response to the advertisement notice dated 03-09-2022, inter alia, issued by the Addl. Deputy Commissioner, Barpeta inviting applications for appointment as Gaon Burah of Baghbor Revenue Circle, the petitioner had submitted his application. However, on completion of the selection process, the petitioner was not selected. Hence, this writ petition seeking a direction upon the respondents. Resisting the prayer made in the writ petition, Mr. T.C. Chutia, learned Addl. Sr. Page No.# 3/4 Govt. Advocate, Assam and Mr. S. Dutta, learned standing counsel, Revenue & Disaster Management Department, Assam have both submitted that the petitioner did not meet the age qualification criteria prescribed by the advertisement notice and therefore, the case of the petitioner was rightly rejected. From a perusal of the materials available on record, it appears that as per Clause-2 of the advertisement notice dated 03-09-2022, the minimum age of the applicant ought to be 30 years as on 02-09-2022 and the maximum should be 65 years. According to the age recorded in the petitioner's HSLC Admit Card, his date of birth is 31-12-1993. If that be so, the petitioner was evidently less than 30 years old on 02-09-2022 and therefore, he was not eligible to apply for the post of Gaon Burah in terms of the said advertisement notice. Petitioner's counsel submits that the HSLC Admit Card does not record the correct age of the petitioner. However, the HSLC Admit Card is not available on record. From the averments made in the paragraph 11 of the writ petition, it appears that the HSLC Admit Card of the petitioner has been misplaced. Be that as it may, by the own showing of the petitioner his date of birth has been recorded in the HSLC Admit Card as 31-12-1993. If that be so, the age of the petitioner was evidently below 29 years as on 02-09-2022. Wrong entry, if any, in HSLC Admit Card as regards the petitioner's date of birth cannot be corrected in this proceeding. Under the circumstances, I find force in the submission of Mr. Chutia that the petitioner was not eligible to apply for the post of Gaon Burah as per advertisement notice dated 03-09-2022. Consequently, the question of granting any relief to the petitioner, in Page No.# 4/4 the context of the facts and circumstances of the case, also does not arise. This writ petition is, accordingly, closed.

JUDGE GS Comparing Assistant

PageoNo.#o1/4 GAHC010014682023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/386/2023o AMINULoISLAM@HOQUEo S/O-oANNASoALI,o R/O-oVILLAGEoMEDHIRTARY,o P.O-oGAJIA,o DIST-oBARPETA,oASSAM,oPIN-781314 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oREVENUEoAND DISASTERoMANAGEMENToDEPTT.,oDISPUR,oGHY.-06. 2:THEoDEPUTYoCOMMISSIONER oDIST-oBARPETA oASSAM PIN-781314 3:THEoADDL.oDEPUTYoCOMMISSIONER oDIST-oBARPETA oASSAM PIN-781314 4:THEoCIRCLEoOFFICER oBAGHBORoREVENUEoCIRCLE oJANIA o P.O-oGAJIA o DIST-oBARPETA Page No.# 2/4 ASSAM PIN-781314 5:SAIIFUL ISLAM S/O- LATE ASUR UDDIN VILLAGE MEDHIRTARY P.O -GAJIA DIST- BARPETA ASSAM PIN-78131 Advocate for the Petitioner : MR. D SARMAH Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM