Sanjay Rastogi v. the State of Assam and 5 Ors.
Case brief
What is this about?
The Gauhati High Court rejected the petitioner's writ petition challenging the rejection of his candidature for a Reader post due to exceeding the upper age limit. The Court held it cannot modify advertisement terms but directed the administrative authority to consider his pending application for age condonation before allowing him to sit for the interview.
What did the court decide?
Writ petition rejected; direction issued to respondents to consider pending application for age condonation and allow petitioner to attend interview if approved by 17.02.2020.
What the court decided
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GAHC010036432020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1082/2020
1:SANJAY RASTOGI
S/O- SURESH CHANDRA RASTOGI, R/O- HOUSE NO. 4, BY LANE NO. 2, PARAG DAS PATH, OPP. NIRMAN APARTMENTS, BAMUNIMAIDAN, GHY.21, DIST.- KAMRUP(M), ASSAM.
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE SPECIAL SECY. TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE (B) DEPTT., SACHIVALAYA, DISPUR, GHY.-06.
2:THE SECY. TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE (B) DEPTT. SACHIVALAYA DISPUR GHY.-06.
3:THE DIRECTOR OF MEDICAL EDUCATION ASSAM SIX MILE KHANAPARA GHY.- 22.
4:PRINCIPAL REGIONAL DENTAL COLLEGE BHANGARH GHY.- 781002.
Issues for consideration
3 issues framed by the court
Whether the writ court can relax the upper age limit in a recruitment advertisement to allow an over-aged candidate to participate in the selection process.
Whether the petitioner's fresh representation seeking condonation of over-age is sufficient to maintain the writ petition before the interview date.
Whether a candidate who willfully applies knowing they have crossed the age limit is entitled to relaxation of the eligibility terms.
Parties & counsel
- petitioner
Sanjay Rastogi
- respondent
The State of Assam
- respondent
The Secretary to the Government of Assam Health and Family Welfare Department
- respondent
Director of Medical Education Assam
- respondent
Principal Regional Dental College Bhangarh
- respondent
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · February
- Registered
- Case no.
- WP(C)/1082/2020
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