Gauhati High Court
Page No.# 1/3 vs The State Of Assam And 4 Ors on 2 September, 2022
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/3
GAHC010175552022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5737/2022
JAYANTA MALAKAR AND ANR
(SC),
SON OF LATE UMA MALAKAR,
RESIDENT OF VILL. SATDOLA,
P.O.- HAJO,
P.S.- HAJO,
DISTRICT- KAMRUP, ASSAM,
PIN- 781102.
2: NANDESWAR HANSU
(STH)
SON OF SADANANDA HANSU
RESIDENT OF VILL. HAWRAGHAT
P.O. AND P.S.- HAWRAGHAT
DISTRICT- KARBI ANGLONG
ASSAM
PIN- 782481
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY COMMISSIONER AND SPL. SECRETARY TO THE GOVT.
OF ASSAM, PUBLIC WORKS (R) DEPARTMENT, DISPUR, GUWAHATI-06.
2:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM
PUBLIC WORKS ROAD DEPARTMENT
DISPUR
GUWAHATI-06.
3:THE ASSAM PUBLIC SERVICE COMMISSION
Page No.# 2/3
REPRESENTED BY ITS CHAIRMAN
JAWAHAR NAGAR
KHANAPARA
GUWAHATI-22.
4:THE SECRETARY
THE ASSAM PUBLIC SERVICE COMMISSION
JAWAHAR NAGAR
KHANAPARA
GUWAHATI-22.
5:THE DEPUTY SECRETARY
THE ASSAM PUBLIC SERVICE COMMISSION
JAWAHAR NAGAR
KHANAPARA
GUWAHATI-22
Advocate for the Petitioner : MR G PATHAK
Advocate for the Respondent : SC, P W D
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
02.09.2022 Heard Mr. G. Pathak, learned counsel for the petitioners, who submits that the petitioners being desirous of taking part in the selection process for appointment to the vacant post in the PWD, in pursuant to the Advertisement No. 06/2019 dated 19.11.2019, made an appeal to the State respondents for relaxation of their age. The State respondents thereafter relaxed the overage of the petitioners, after obtaining the approval of the Cabinet on 21.03.2020. The petitioners were thereafter allowed to participate in the written examination. However, they were not allowed to take part in the interview, on the ground that the maximum age limit for allowing a candidate to take part in the selection Page No.# 3/3 process under the State Government was 44 years. The petitioners being 49 & 53 years of age, they were debarred from further participating in the selection process.
Issue Notice returnable in 4 (four) weeks.
Mr. P.P. Dutta, learned counsel accepts notice on behalf of respondent nos. 3, 4 & 5 while Mr. R. Dhar, learned counsel accepts notice on behalf of respondent nos.1 & 2.
The petitioners having been allowed to participate in the written test and as there is nothing to show that there was no relaxation of the petitioners' overage by the State respondents, this Court is of the view that the petitioners should be allowed to take part in the selection process, in pursuant to the Advertisement No. 06/2019 dated 19.11.2019. Accordingly, the petitioners should be allowed to participate in the selection process, i.e. interview. However, the results of the petitioners should not be declared, if they are selected in the selection process.
List the matter after four weeks.
JUDGE Comparing Assistant