Ratul Kalita and Anr v. The State of Assam and 4 Ors

ORDER Date : 10-02-2023

Heard Mr. S. Banik, learned counsel appearing for the writ petitioners. The petitioners herein had earlier applied for appointment in the posts of Forest Guard in terms of the advertisement notice dated 22-12-2016 issued by the Forest Department, Assam. However, the recruitment process did not go ahead. Subsequently, a Page No.# 3/4 fresh advertisement notice was issued on 24-05-2020 whereby it was provided that the candidates who had applied earlier in terms of the advertisement notice dated 22-12-2016 need not apply afresh. Even on this occasion the recruitment process did not materialize. Thereafter, the post of Forest Guards have again been advertised for the third time by issuing notice dated 21-01-2023, whereby the authorities are seeking to fill up 1226 posts of Forest Guard. Mr. Banik submits that as per advertisement notice dated 22-12-2016 and 24-05-2020 the candidates who had applied earlier need not apply afresh. However, in the meantime the petitioners have crossed the age limit for participating in the process of recruitment. According to Mr. Banik, office memorandum dated 04-01-1992 issued by the Secretary to the Govt. of Assam, Personnel (B) Department permits relaxation of age for employment in Govt. service up to 45 years. Since both the petitioners are yet to attain the age of 45 years, they had submitted applications before the respondent 2 and 3 for relaxation of their age. However, no order has been passed in the said applications till date. Hence, this writ petition. It is also the submission of Mr. Banik that the date of the written test has not yet been notifided. Mr. R.R. Gogoi, learned standing counsel, Forest Department, Assam submits that if an order is passed by this Court, their applications for relaxation will be considered in accordance with law. I find from the record that the petitioner No. 1 had submitted a representation seeking age relaxation which was received by the authorities on 30-01-2023. Likewise, the petitioner No. 2 had also submitted an application seeking age relaxation which was Page No.# 4/4 received by the authorities on 31-01-2023, which was followed up by another application submitted on 01-02-2023. However, it is the admitted position of fact that no order has been passed by the authorities on such applications. Whether the age of the petitioners deserve to be relaxed and if so, to what extent, are matters for the authorities to decide in accordance with the provisions of the rule. However, once the aspiring candidates have submitted such applications and the rules provide for consideration of the same, the respondent authorities cannot sit over the matter so as to frustrate the prayer of the petitioners. In view of the above, I dispose of this writ petition with a direction upon the respondent Nos. 2 and 3 to take urgent steps for disposal of the applications filed by the petitioners by a speaking order on or before the date fixed for conducting the written examination for filing up the post of Forest Guard as per the advertisement notice dated 21-01-2023. Mr. C.S. Hazarika, learned Govt. Advocate, Assam is present on behalf of the respondent Nos. 1, 4 and 5. Writ petition stands disposed of

JUDGE GS Comparing Assistant

PageoNo.#o1/4 GAHC010028192023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/757/2023o RATULoKALITAoANDoANRo SONoOFoTARENIoKALITA,o RESIDENToOFoVILLAGE-oKATAKIA,o POLICEoSTATION-oGHOGRAPAR,o POSToOFFICE-oGHOGRAPAR,o DISTRICT-oNALBARI,oASSAM.o PIN-o781369. 2:oPANKAJoDUTTAoCHOUDHURY oSONoOFoLATEoJOGESHoCH.oCHOUDHURY o RESIDENToOFoVILLAGE-oBILPAR o POLICEoSTATION-oGHOGRAPAR o POSToOFFICE-oGHOGRAPAR o DISTRICT-oNALBARI oASSAM.o PIN-o781369o VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,o HOMEoDEPARTMENT,oDISPUR,o GUWAHATI-o781006. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM oFORESToANDoENVIRONMENToDEPARTMENT oDISPUR oGUWAHATI-o781006. Page No.# 2/4 3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ARANYA BHAWAN PANJABARI. 4:THE STATE LEVEL POLICE RECRUITMENT BOARD ASSAM REHABARI GUWAHATI- 781008 REPRESENTED BY ITS CHAIRMAN. GROUND FLOOR ASSAM POLICE HOUSING CORPORATION. 5:THE CHAIRMAN STATE LEVEL POLICE RECRUITMENT BOARD ASSAM GROUND FLOOR ASSAM POLICE HOUSING CORPORATION REHABARI GUWAHATI- 781008 Advocate for the Petitioner : A N HUSSAIN Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM