Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 4 Ors on 5 September, 2022
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/4
GAHC010175472022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5726/2022
DR. KHANIN CHANGMAI AND ANR
S/O- BIPIN CHANGMAI,
R/O- SONALI NAGAR,
URIANGHAT, P.O- URIAMGHAT,
DIST- GOLAGHAT, ASSAM, PIN-785601
2: DR. PABITRA DAS
S/O- KUMUD CH. DAS
R/O- VILLAGE NATHKUCHI
NO.1
P.O- NATHKUCHI
DIST- NALBARI
ASSAM
PIN-78133
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, ASOM
SACHIVALAYA, DISPUR, GUWAHATI-781006.
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
ANIMAL HUSBANDRY AND VETERINARY DEPTT.
DISPUR
GUWAHATI-781006.
3:THE DIRECTOR
Page No.# 2/4
DIRECTORATE OF ANIMAL HUSBANDRY AND VETERINARY DEPTT.
CHENIKUTHI
GUWAHATI-781003
4:THE DIRECTOR
ASSAM AGRICULTURE DEPARTMENT
KHANAPARA
GUWAHATI-22
5:THE SECRETARY
ASSAM PUBLIC SERVICE COMMISSION
JAWAHAR NAGAR
KHANAPARA
GUWAHATI-2
Advocate for the Petitioner : MR. U B SARMA
Advocate for the Respondent : SC, APSC
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 05-09-2022 Heard Mr. UB Sarma, learned counsel for the petitioners, who submits that the petitioners were desirous of taking part in the selection process for filling up 162 posts of Veterinary Officer/Block Veterinary Officer in terms of the advertisement dated 22.07.2022. However, the petitioners being overage, could not take part in the selection process and as such, could not submit their online applications for participating in the selection process, for filling up the said vacant posts.
The petitioners' counsel submits that the petitioners have submitted representations to the Joint Secretary to the Government of Assam, Animal Page No.# 3/4 Husbandry & Veterinary Department on 18.08.2022 and 23.08.2022, praying that the respondents should take a decision on their representations and allow them to participate in the selection process. He submits that similarly situated persons had approached this Court vide WP(C) No. 5288/2022 and this Court, vide order dated 23.08.2022, had allowed the petitioners therein to participate provisionally in the selection process, by directing the respondents to accept the applications of the petitioners therein. He accordingly submits that the petitioners herein should also be allowed to participate provisionally in the selection process.
Mr. TC Chutia, learned counsel appearing for respondent Nos. 1, 2 and 3 and Mr. TJ Mahanta, learned senior counsel appearing for respondent No. 5 submit that the writ petition should be dismissed, inasmuch as, the petitioners have approached this Court only on 31.08.2022, while the last date for submission of the applications was 26.08.2022 in terms of the advertisement dated 22.07.2022.
On considering the fact that the petitioners have approached this Court by filing the present writ petition only on 31.08.2022, which is beyond the last date of filing the application forms in terms of the advertisement dated 22.07.2022, this Court is not inclined to allow the writ petition. Further, the facts of this case and the facts of WP(C) No. 5288/2022 are different. The petitioners in WP(C) No. 5288/2022 had approached this Court prior to the expiry of the last date of filing application forms, in terms of the advertisement dated 22.07.2022. Further, the State respondents in WP(C) No. 5288/2022 had taken a stand that the representation of the petitioners for condoning their age was under
consideration. It was in that context that this Court had allowed the petitioners in WP(C) No. 5288/2022 to participate provisionally in the selection process.
Page No.# 4/4 However, in the present case, the petitioners have approached this Court after the last date of filing of the application forms and as such, this Court is not inclined to exercise its discretion in the present case.
The writ petition is accordingly dismissed.
JUDGE Comparing Assistant