SAMSUL ALAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. S. Kakati, learned counsel for the petitioners. Also heard Mr. D. Doley, learned Government Advocate, Assam for the respondent no.3 and Mr. R. Borpujari, learned Standing Counsel, Revenue Department, for the respondent nos. 1 & 2.

(2.) Considering the nature of the case and as also agreed to by learned counsel for the parties, the matter is disposed of at this stage without issuing any formal notice to the respondents.

(3.) The petitioner, who is a resident of Charge No.11, Sonkuchi under Ghilajari Mauza of Barpeta Revenue Circle, is desirous of applying for the post of Gaonburah of the said village. Accordingly, when an advertisement was issued on 18.11.2019 by the respondent no.2, the petitioner applied for the post of Gaonburah by submitting his application on 29.11.2019 along with all the requisite documents. However, the petitioner is apprehensive that his application may be rejected by the authorities on the ground that he is not able to file an affidavit swearing that at the time of applying for the post of Gaonburah he does not have more than two children from one or multiple partners. The fact remains that the petitioner is having more than two children from his wife but all were born before 19.07.2019. It has been provided under Clause-10 of the said advertisement an applicant must not have more than two children from one or multiple partners and Clause-11 provides that an applicant must swear an affidavit at the time of applying, stating that the applicant does not have two or more children from one or multiple partners.