Gauhati High Court
Dr. Ohi Uddin Ahmed vs The State Of Assam And 5 Ors on 20 December, 2022
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/4
GAHC010259812022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/8146/2022
DR. OHI UDDIN AHMED
S/O- LAYE ABDUL KHALEQUE,
VILL- BURUNGA PART-I,
P.S- KATIGORAH,
P.O- TIKAR BURUNGA, DIST- CACHAR, ASSAM, PIN-788817
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, HIGHER EDUCATION DEPARTMENT, DISPUR, GUWAHATI-
781006, ASSAM.
2:THE DIRECTOR
HIGHER EDUCATION
ASSAM
KAHILIPARA
GUWAHATI- 19
ASSAM.
3:THE UNIVERSITY GRANTS COMMISSION
BAHADUR SHAH ZAFAR MARG
NEW DELHI-110002
4:THE INSPECTOR OF SCHOOLS
CDC
CACHAR
SILCHAR
ASSAM
5:THE CHAIRMAN
GOVERNING BODY OF CHILARAI CILLEGE
Page No.# 2/4
GOLAKGANJ
DIST- DHUBRI
PIN-783334
6:THE PRINCIPAL CUM SECRETARY
SELECTION COMMITTEE
CHILARAI CILLEGE
GOLAKGANJ
DIST- DHUBRI
PIN-78333
Advocate for the Petitioner : MR. T SK
Advocate for the Respondent : SC, HIGHER EDU
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
20-12-2022 Heard Mr. I. Alam, learned counsel for the petitioner and Mr. H. Das, learned Standing counsel, Higher Education Department, Assam for the respondent Nos. 1 & 2. Also heard Ms. D. Muchahary, learned Standing counsel, Secondary Education Department, Assam for the respondent No. 4.
The petitioner is serving as an Assistant Teacher in Digorkhal High School, Kalaincherra in the district of Cachar. The Principal of Chilarai College, Golakganj, District - Dhubri on 09.02.2022 issued an advertisement for the permanent sanctioned post of Assistant Professor in History reserved for OBC/MOBC category.
The petitioner having requisite eligibility with due permission obtained from the Inspector of Schools, Cachar District Circle, Silchar applied for the said post of Assistant Professor of History. The petitioner is presently 48 years old.
As the petitioner has already crossed the maximum age for recruitment in the public service pertaining to OBC/MOBC category, he on 21.02.2022 submitted a representation before the Director of Higher Education, Assam for condonation of his overage, but the same has not yet been Page No.# 3/4 considered.
Subsequently, the petitioner on 17.11.2022 submitted another representation before the Secretary to the Government of Assam in the Higher Education Department praying for condonation of his overage which is yet to be disposed of. In the meanwhile, pursuant to the call letter issued by the Principal of said Chilarai College, Golakganj, the petitioner appeared in the interview on 29.11.2022 before the concerned Selection Board for the said post of Assistant Professor in History reserved for OBC/MOBC category in the said College as advertised on 09.02.2022.
It is stated by the petitioner that if he is selected for the post of Assistant Professor of History in Chilarai College, Golakganj advertised on 09.02.2022, his candidature for the said post may be rejected for the ground of his overage and unless his overage is condoned by the State Government, he will not be able to join the concerned post inspite of his selection.
Hence, the petitioner has filed this writ petition on 15.12.2022 praying for a direction to the respondents to modify the said advertisement dated 09.02.2022 issued by the authorities of Chilarai College, Golakganj, Dhubri for the post of Assistant Professor in History in the said college for in- service candidate or any other provincialised college and for a direction to the respondents not to reject his case on the ground of his overage and to dispose his representation dated 17.11.2022, noted above, by a speaking order.
It is seen that the petitioner earlier submitted a representation before the Director of Higher Education, Assam on 21.02.2022 for condonation of his overage and subsequently, he submitted another representation before the Secretary to the Government of Assam in the Higher Education Department on 17.11.2022 for condonation of his overage which is prior to his appearance in the interview held on 29.11.2022 for the post of Assistant Professor of History in said Chilarai College, Golakganj, District-Dhubri.
Considering the entire aspect of the matter, this writ petition is disposed of directing the Secretary to the Government of Assam in the Higher Education Department to dispose of the representation of the petitioner dated 17.11.2022 pertaining to condonation of his overage following the due procedure and in accordance with law, within a period of 60 (sixty) days from the date of receipt of certified copy of this order to be furnished by the petitioner, intimating him about the outcome of the same.
The petitioner is directed to furnish a certified copy of this order, copy of this writ petition including the annexures appended thereto along with the copy of the representation dated 17.11.2022 Page No.# 4/4 filed by him before the Secretary to the Government of Assam in the Higher Education Department forthwith, obtaining necessary acknowledgment from the said authority.
With the above observation and direction, this writ petition stands disposed of.
JUDGE Comparing Assistant