MD. ASADUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Ali, learned counsel for the writ appellant/writ petitioner. Also heard Mr. T.C. Chutia, learned Additional Senior Government Advocate for the respondent nos.1, 2 and 3.

(2.) The writ appellant before this Court has appealed against the order of the learned Single Judge (dated 11.02.2021), which was passed in WP(C) No.747/2021, whereby the learned Single Judge has dismissed the writ petition as the Court did not find the petitioner eligible for undergoing one year training course in Veterinary Science.

(3.) One of the essential conditions for getting one year training was that a candidate must not be more than thirty years of age as on 1st January, 2017, and the candidates must have passed Higher Secondary in "Science". Admittedly, the writ appellant/writ petitioner does not possess both these criteria/qualifications. He was over-aged and did not have "Science" in his Higher Secondary. His only case before the learned Single Judge was that in a similar petition which was filed before the learned Single Judge where the petitioners were similarly situated, relief was granted to the petitioners therein. Therefore, it was prayed that the same relief be granted to him as well. The learned Single Judge, however, differentiated at two situations and came to the conclusions that the relief so granted in the earlier writ petition was because the condition that the candidate being not more than thirty years and must have done "Science", were conditions which were to come into effect only from the date of publication in the Official Gazette, which was 19th August, 2017. Since the exercise predated 19.08.2017, the benefit was granted.