Gauhati High Court
Jogesh Ch Nath vs The State Of Assam And 4 Ors on 30 May, 2022
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/3
GAHC010102642022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3579/2022
JOGESH CH NATH
SON OF LATE ANO RAM NATH, VILL. AND P.O.- HELAGARI, P.S.-
SAPATGRAM, DIST- DHUBRI, ASSAM, PIN- 783345.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI-
781006.
2:THE INSPECTOR GENERAL OF REGISTRATION
ASSAM
RUPNAGAR
GUWAHATI-32.
3:THE DEPUTY COMMISSIONER CUM DISTRICT REGISTRAR
DHUBRI
ASSAM
DISTRICT- DHUBRI
ASSAM
PIN- 783348.
4:THE SECRETARY
STATE LEVEL RECRUITMENT COMMISSION FOR CLASS IV POSTS
ASSAM ADMINISTRATIVE STAFF COLLEGE
JAWAHAR NAGAR
KHANAPARA
GUWAHATI-22.
5:THE SUB-REGISTRAR
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BILASIPARA SUB-DIVISION
P.O.- BILASIPARA
DISTRICT- DHUBRI
ASSAM
PIN- 783348
Advocate for the Petitioner : MR. S BARTHAKUR
Advocate for the Respondent : SC, REVENUE
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
30.05.2022 Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. B.J. Talukdar, learned Senior Counsel assisted by Mr. J. Handique, learned counsel for the respondents.
2. The petitioner's counsel submits that the petitioner has been working in the office complex of the SDO(Civil), Bilasipara Sub-Division from the year 2008. He submits that though the petitioner has been working as a daily wage earner in the said office, the State respondents have issued the Advertisement dated 25.03.2022 for filling up 13,300 tentative vacant posts of Class-III and Class-IV under different Departments/Establishments under the Government of Assam. As per the said Advertisement, the candidates are to be not less than 18 years of age or more than 40 years of age as on 01.01.2022. In case of OBC/MOBC candidates, the upper age limit is relaxable by 3 years. He further submits that the petitioner's age as on date is 43 years and 6 months and as such, he is ineligible to participate in the selection Page No.# 3/3 process by around 6 months. He accordingly prays that overage of the petitioner by 6 months should be relaxed.
3. Mr. B.J. Talukdar, learned Senior Counsel submits that though the petitioner does not have any right to have his over-age relaxed, the respondent authorities can consider relaxing the upper age limit of the petitioner, as and when the petitioner submits s representation for the same.
4. On considering the submissions made by the counsels for the parties, I find that the petitioner has not approached the authorities prior to approaching this court. As such he has not availed the alternative remedy prior to approaching this Court. As the learned Senior Counsel for the respondents has submitted that the petitioner's representation can be examined by the State respondents, the petitioner is given the liberty to file a representation to the respondent no.4, with a prayer to relax the upper age limit of the petitioner. The respondent no.4, on receipt of the representation, which should be submitted within 1 (one) day, shall take a decision on the same, within a further period of 5 (five) days and communicate the decision taken to the petitioner.
5. The writ petition is accordingly disposed of.
JUDGE Comparing Assistant