Allowed

Shyamal Jyoti Mahanta and 10 Ors. v. the State of Assam and 2 Ors.

Gauhati HC11 Sept 2019WP(C)/6731/2019

Case brief

AI extract

What is this about?

The Gauhati High Court considered a writ petition regarding age limit relaxation for 115 Agricultural Development Officer vacancies. Relying on a previous judgment, the Court directed the Agriculture Department Secretary to reconsider the petitioners' applications for condonation of the age limit within seven days.

What did the court decide?

Directed Secretary, Agriculture Department to reconsider applications for condonation of upper age limit within seven days; APSC to allow appearance if condoned.

Shyamal Jyoti Mahanta and 10 Ors. Vs the… — Pension and Retirement Benefits | Gauhati HC (2019)

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GAHC010219692019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 6731/2019

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1:SHYAMAL JYOTI MAHANTA AND 10 ORS. S/O. DR. DEBANANDA MAHANTA, MANIMUGDHA NAGAR, P.O. KHANAPARA-781022, DIST. KAMRUP (M), ASSAM.

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2: MD. KHURSHED ALAM

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S/O. LT. SOLEMAN ALI SK WARD NO.4 GAURIPUR-783331 DIST. DHUBRI ASSAM.

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3: SUBHASH DOWERAH S/O. LT. RAMA DOWERAH TEKELAGAON P.O. AND P.S. SOUTH AMOLLAPATTY DIBRUGARH-786008 DIST. DIBRUGARH ASSAM.

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4: BIMAN HANDIQUE S/O. SHIBA PRASAD HANDIQUE CHINAKIPATH VILL. NATUN NAGAR ABHUYAPURIYA MORAN-785675 DIST. DIBRUGARH ASSAM.

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5: DEBASISH SARMAH

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S/O. LT. BIMAL CHANDRA SARMAH VILL. SURAJ LAKSMI PATH BALIA GOHAIN PUKHURI NA ALI JORHAT-785001 ASSAM.

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6: CHAKRAPANI MEDHI

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S/O. LT. PRABIN MEDHI VILL. BAMGAON P.O. BISWANATH CHARALI-784176 ASSAM.

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7: CHANDAN KALITA

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S/O. SRI BILAT CHANDRA KALITA C/O. PROMODE CH. DAS H.NO.20 BY LANE2 CHANDAN NAGAR SURVEY BELTOLA-781028 DIST. KAMRUP ASSAM.

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8: NABA JYOTI DUTTA S/O. SRI MAHENDRA NATH DAS H/NO.32 UPPER LUITPAR KHARGHULI GUWAHATI-781004 DIST. KAMRUP (M) ASSAM.

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9: ARUP KUMAR NATH S/O. SRI GIRISH CHANDRA NATH MADHUPUR P.O. MADHUPUR-782003 DIST. NAGAON ASSAM.

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10: SANKAR GOGOI

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S/O. SRI ATUL GOGOI PRATAP GOGOI PATH USHAPUR P.O. MORANHAT-785670 DIST. SIBSAGAR ASSAM.

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11: PRANAB KUMAR DUTTA S/O. ARUN KUMAR DUTTA VILL. MILAN NAGAR (E) RATANPUR P.O. C.R BUILDING DIST. DIBRUGARH ASSAM

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VERSUS

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1:THE STATE OF ASSAM AND 2 ORS.

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THROUGH SECRETARY TO THE GOVT. OF ASSAM, PERSONNEL, (B) DEPTT., ASSAM SECRETARIAT, DISPUR, GUWAHATI-06.

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2:THE SECRETARY TO THE GOVT. OF ASSAM AGRICULTURE DEPTT. ASSAM SECRETARIAT DISPUR GUWAHATI-06.

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3:THE SECRETARY ASSAM PUBLIC SERVICE COMMISSION JAWAHARNAGAR KHANAPARA GUWAHATI-22

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Advocate for the Petitioner : MR D N SARMA

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN

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ORDER

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Date : 11-09-2019

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Heard Mr. DN Sarma, learned counsel for the petitioners; Mr. D Nath, learned Government Advocate, Assam for respondent No.1; Mr. SMT Chistie, learned Standing Counsel, Agriculture Department for respondent No.2; and Mr. RK Talukdar, learned Standing Counsel, Assam Public Service Commission (APSC) for respondent No.3.

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APSC has issued advertisement No.14/2018 for filling up 115 vacancies in the post of Agricultural Development Officer under Agriculture Department, Government of Assam. As per this advertisement, a candidate should not be less than 21 years of age and not more than 38 years of age as on 01.01.2018; upper age limit being relaxable in the cases of reserve category candidates. Petitioners are otherwise eligible for the aforesaid posts, save and except that they have crossed the upper age limit of 38 years. Petitioners had submitted applications before the Government of Assam in the Agriculture Department for condonation of upper age limit. However, they were informed by individual letters dated 20.06.2019 that there is no provision for condonation of upper age limit for entry into Government service as has been conveyed by the Personnel (B) Department, Government of Assam.

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Learned counsel for the petitioners submits that a Single Bench of this Court in WP(C) No.845/2014 (Pranab Kumar Deka Vs. State of Assam) and other connected cases, decided on 03.08.2015, had directed the State respondents to consider the cases of those petitioners for upper age relaxation considering their individual merit in consultation with the APSC. Court had directed that petitioners’ selection would be dependent on their performance in the selection process as well as decision taken by the appointing authority for relaxation of overage.

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Having regard to the above, respondent No.2 i.e., Secretary to the Government of Assam, Agriculture Department is directed to consider afresh the applications of the petitioners for condonation of upper age limit and take a decision within seven days from the date of receipt of a certified copy of this order. Decision so taken shall be communicated to the petitioners. If the upper age limit is condoned, APSC shall allow the petitioners to appear

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in the examination.

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With the above observation and direction, writ petition is disposed of.

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Biplab JUDGE

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Comparing Assistant

Shyamal Jyoti Mahanta and 10 Ors. v. the State of Assam and 2 Ors.

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Shyamal Jyoti Mahanta and 10 Ors. v. the State of Assam and 2 Ors.

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