Disposed

Prasanta Borthakur v. the State of Assam and Anr.

Gauhati HC2 Feb 2021WP(C)/347/2021

Case brief

AI extract

What is this about?

The petitioner, exceeding the age limit for a Graduate Instructor post, sought provisional acceptance of his application. This Court disposed of the matter by directing the Director to provisionally accept the application and allow the petitioner to sit for the written examination pending the final outcome of his representation regarding age condonation.

What did the court decide?

Director of SCERT, Assam to provisionally accept petitioner's application and allow him to sit for the written examination pending outcome of his age condonation representation.

Prasanta Borthakur Vs the State of Assam and Anr. — Service and Employment | Gauhati HC (2021)

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GAHC010006502021

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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)/347/2021

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PRASANTA BORTHAKUR

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S/O SRI DHIREN KUMAR BORTHAKUR, RESIDENT OF VILLAGE WARD NO. 10, AMGURI TOWN, PPO AND PS AMGURI, DIST SIVASAGAR ASSAM 785680

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VERSUS

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THE STATE OF ASSAM AND ANR REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPARTENT, DISPUR, GUWAHATI 781006

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2:DIRECTOR

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STATE COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING ASSAM KAHILIPARA GUWAHATI 781019 KAMRUP M ASSA

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Advocate for the Petitioner : MR. R PHUKAN

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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02-02-2021

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Heard Mr. R. Phukan, learned counsel for the petitioner and Mr. B. Choudhury, learned Standing counsel SCERT for both the respondents.

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The Director of State Council of Educational Research and Training (in short, SCERT), Assam issued an advertisement for different non-Gazetted posts under the said Directorate that are lying vacant in different Teacher Education Institutions under it including 3 unreserved posts of Graduate Instructor (Arts).

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As per the said advertisement applications were available in the Website of the SCERT since 02.11.2020 which are to be duly filled up till midnight of 22.11.2020. In the said advertisement, the SCERT also specified that a candidate must not be less that 18 years of age and not more than 40 years for unreserved category, 42 years for Ex-Serviceman, 43 years for OBC/MOBC and 45 years for SC(P)/ST(H) and 50 years for Persons with Disabilities (PwD) as on 1 st January, 2020 as per Government Office Memorandum No ABP.6/2016/51 dated 02.09.2020 with the rider that the relaxation shall be applicable only to those candidates who have attained the necessary educational or other qualifications prior to crossing of their existing upper age limit of 40 years. The said advertisement also specified that there will be no provision for age condonation.

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The petitioner belongs to General category and being eligible tried to submit his application through online mode, but it was not accepted in the system as he crossed 40 years of age by few months. As such, on 20.11.2020 through E-mail, the petitioner submitted an application before the Director of SCERT along with the copies of his testimonials and other educational certificates for the said post of Graduate Instructor (Arts) as advertised on 02.11.2020.

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Petitioner on 21.11.2020 also submitted a representation before the Director of SCERT,

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Assam praying for condonation of his age which is yet to be disposed of.

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Mr. Choudhury, learned counsel for the SCERT, on instruction, submitted that in terms of the said advertisement dated 02.11.2020, the date of written examination is fixed on 05.02.2021 for the post of Graduate Instructor (Arts).

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It is to be stated herein that the Assam State Council of Educational Research and Training Service Rules, 2005, a statutory Rule under Article 309 of the Constitution of India came into force w.e.f., 16.11.2005 that regulates the recruitment and conditions of Service of persons appointed to the Assam State Council of Educational Research and Training services.

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Rule 27 of said 2005 Rules provides for relaxation which reads as follows:--

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“27. Relaxation- Where the Governor is satisfied that the operation of any these rules causes undue hardship in any particular case, it may dispense with or relax the requirement of that rule to such extent and subject to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner:

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Provided that the case of any person shall not be dealt with in any manner less favourable to him than that provided in these rules.”

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Considering the above, this writ petition is disposed of at the motion stage itself with the direction that the Director of SCERT, Assam shall provisionally accept the application of the petitioner for the said post of Graduate Instructor (Arts) as advertised on 02.11.2020 that he submitted through E-mail on 20.11.2020 and shall allow him to sit for the written examination for the said post.

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However, any such selection of the petitioner to the said post shall be on the basis of the outcome of the representation of the petitioner dated 21.11.2020, that he submitted before the Director of SCERT, Assam pertaining to the condonation of his age.

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The petitioner is directed to submit a certified copy of this order including a copy of the writ petition and the annexures appended thereto along with his E-mail id, Mobiles No., Phone No. etc., before the Director of SCERT, Assam, respondent No. 2 on or before 03.02.2021 obtaining necessary acknowledgment.

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The respondent Nos. 1 and 2 after considering the prayer of relaxation of age of the petitioner with regard to the said post of Graduate Instructor (Arts), shall pass its order on his said representation dated 21.11.2020 in accordance with law and shall intimate him about the

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outcome of the same.

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

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JUDGE

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Comparing Assistant

Prasanta Borthakur v. the State of Assam and Anr.

Case brief

What is this about?

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Prasanta Borthakur v. the State of Assam and Anr.

Case brief

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