This single judge order directed the Deputy Commissioner, Barpeta, to complete the selection process for the post of Gaonburah within six weeks based on merit, ignoring proposed ineligible appointments.
Direction to Deputy Commissioner to finalize selection process based on merit within six weeks.
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GAHC010049352018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1534/2018
1:KAMESWAR TALUKDAR
S/O. LT. GAURI KANTA KALUKDAR, VILL. BARBARI, P.O. KARDAIGURI, DIST. BARPETA, ASSAM.
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT (LAND RECORDS) DEPTT., DISPUR, GHY.
2:THE DY. COMMISSIONER BARPETA DIST. BARPETA ASSAM P.O. BARPETA
3:THE ADDL. DY. COMMISSIONER (REVENUE) BARPETA P.O. BARPETA ASSAM
4:THE SUB-DIVISIONAL OFFICER BAJALI PATHSALA DIST. BARPETA ASSAM P.O. BARPETA
5:APURBA TALUKDAR S/O. LT. GAURI KANTA TALUKDAR VILL. AND P.O. KARDAIGURI, DIST. BARPET
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Advocate for the Petitioner : MR. S K MEDHI
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
02.09.2019
Heard Mr. S. K. Medhi, learned counsel for the petitioner; Mr. J. Handique, learned Standing Counsel, Revenue Department, Govt. of Assam for respondent No. 1; Mr. S. S. Roy, learned Govt. Advocate, Assam for respondent Nos. 1 to 5; and Mr. H. Talukdar, learned counsel for respondent No. 6.
By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondents to appoint the selected candidate after making selection on the basis of the interview held on 10.02.2016 pursuant to advertisement dated 30.03.2015.
Matter relates to appointment of Gaonburah of Charge No. 15 under Bijni Mouza in the district of Barpeta.
On 19.03.2018, this Court while issuing notice passed an interim order to the effect that no Gaoburah should be appointed without completing the selection process and without notifying the select list.
Relevant portion of the order dated 19.03.2019 is extracted hereunder:-
“ The matter pertains to appointment of Gaonburha of Charge No.15 of Bijni Mouza in Barpeta District, for which the advertisement was issued on 30.3.2015 (Annexure-B), by the SDO (Civil), Bijali, Pathsala. The petitioner along with 9 others including Apurba Talukdar (respondent No.6) had appeared in the viva voce, held on 10.2.2016, in pursuant to the notice issued to the candidates on 1.2.2016 (Annexure-C).
Since the candidature of Apurba Talukdar (respondent No.6) was considered to be ineligible because of the upper age bar of 40 years, the aggrieved aspirant filed the WP(C) No.7131/2016, to claim that the upper age limit through amendment of Executive Instruction, was incorporated well after the advertisement was issued on 30.3.2015. On this basis, this Court on 19.6.2017 (Annexure-J), declared that the petitioner should be considered eligible for appointment as Gaonburha, by ignoring the upper age limit.
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The learned counsel Mr. S.K. Medhi submits that the authorities are yet to finalise the selection process. But in the meantime, by mis-interpreting the Court’s order, they are proposing to appoint Apurba Talukdar (respondent No.6) without selection, although he is just one of the 9 candidates in the fray.
In view of above, let notice returnable in 4 weeks be issued. Mr. S.S. Roy, the learned Govt. Advocate, accepts notice for respondent Nos.1—5. Necessary extra copies be furnished to him. Petitioner to ensure service on the respondent No.6, by Regd. Post.
In the interim, the Gaonburha of Charge No.15 of Bijni Mouza in Barpeta District, should not be appointed, without completing the selection process and notifying the select list.” After hearing learned counsel for the parties and on due consideration, Court is of the view that respondent No. 3 i.e. Deputy Commissioner, Barpeta should finalise the selection process by considering the candidature of the candidates who had participated in the interview held on 10.02.2016 including petitioner and respondent No. 6 and thereafter make necessary selection and consequential appointment on the basis of merit.
Let the process be completed within a period of 6 (six) weeks from the date of receipt of a certified copy of this order.
Writ petition is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the Deputy Commissioner should finalise the selection process for Gaonburah of Charge No. 15 considering candidates from the interview held on 10.02.2016.
1 provisions across 1 enactments
Kameswar Talukdar
The State of Assam
The Deputy Commissioner, Barpeta
The Additional Deputy Commissioner (Revenue), Barpeta
Vill. and P.O. Kardaiguri, Dist. Barpeta (Represented by Apurba Talukdar)
Ujjal Bhuyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
