KARIM ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.R Bhuyan, learned counsel for the petitioner, Mr. SK Goswami, learned counsel for the respondent No.5, Mr. J Handique, learned counsel for the respondent No.1 and Ms. MB Bora, learned counsel for the respondent Nos. 2, 3 and 4.

(2.) The petitioner Md. Karim Ali participated in the selection process for appointment of village Headman (Gaonbura) of Haripur village in the Nalbari district pursuant to the Notice No.NLR.1019/2018/16 dated 08.07.2019 of the Deputy Commissioner, Nalbari. Amongst the qualification criterias, the applicants for the aforesaid post were required to be a permanent inhabitant of the concerned village; having a minimum age of 35 years; having the minimum qualification of Class-X passed from a Government recognized board or institution; be a physically and mentally fit person; shall not be insolvent and bankrupt; shall not be a Government service holder; shall possess land or other immovable property in his name at the concerned Lat; shall not be a member of a political party; shall be a person of high repute, personality, efficiency; and shall be a person who voluntarily participate in implementation of Government policies and programmes. It is also stated that apart from the qualification criteria provided in the advertisement notice, the other criteria for the post of Gaonbura are provided in the executive instructions called the Executive Instructions under the Assam Land and Revenue Regulations, 1886 as amended in the year 2016. By the aforesaid amendment to the earlier existing Executive Instructions, Clauses 160, 162, 162A, 162C and 164 stood amended and the amendment was modified as per the notification dated 10.04.2018. Amongst others, Executive Instruction 162(1), providing for the minimum qualification, is as follows:-

(3.) In the resultant selection process, it was the respondent No.5, who was selected as per the select list dated 28.08.2019. The result of the selection process as notified by the declared result dated 28.08.2019 in respect of Haripur village where the respondent No.5 was selected is being assailed in this writ petition.