A writ appeal seeking relaxation of the upper age limit for appointment as Assistant Teacher was dismissed after the Single Judge had rejected the petitioner's writ petition on the ground that relaxation would breach the age clauses of the 02.09.2020 office memorandum.
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GAHC010008412024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/34/2024
FARIDA KHANAM AKANDA
W/O MD. SAFIQUR RAHMAN RESIDENT OF VILLAGE SHALKATI PATHER, PO SHALKATI PATHER, PS DHING, DIST NAGAON, ASSAM, 782126
VERSUS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPARTMENT, DISPUR GUWAHATI 06
4:INSPECTOR OF SCHOOL
NAGAON DISTRICT CIRCLE DIST NAGAON, ASSAM 78200
For the Appellant : Mr. H. Das, Advocate.
For the Respondent(s) : Mr. R. Mazumdar, Standing Counsel, Education (Secondary) Department.
– BEFORE –
HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE SUMAN SHYAM
16.02.2024 (Vijay Bishnoi, CJ)
This intra-Court appeal is filed by the appellant being aggrieved with the order dated 08.11.2023 passed by the learned Single Judge, whereby the writ petition
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[WP(C) No.6328/2023] filed by the appellant/writ petitioner seeking a direction to the State Government to grant relaxation of upper age for the purpose of appointment on the post of Assistant Teacher, has been rejected.
The learned Single Judge, taking into consideration the fact that the appellant is already 45 years of age and any direction to the respondents to relax the upper age of the petitioner would amount to direct the respondent authorities to violate the clauses of the Office Memorandum dated 02.09.2020, was of the view that no case for interference was made out.
Having heard the learned counsel for appellant and after going through the material available on record, we do not find any case in this writ appeal for interference with the impugned order.
Hence, this intra-Court appeal is dismissed, being devoid of merit.
JUDGE
CHIEF JUSTICE
Comparing Assistant
1 issue framed by the court
Should the upper age limit for appointment as Assistant Teacher be relaxed in favour of a 45-year-old applicant?
Farida Khanam Akanda
State of Assam
Director of Secondary Education Assam
District Level Selection Committee (DSC), Nagaon
Inspector of School, Nagaon District Circle
Vijay Bishnoi
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
