RATUL BORUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Nath, learned counsel for the petitioner in WP(C) 3524/2011, Mr. M.H. Ahmed, learned counsel for the petitioner in WP(C) 1750/2011 and Mr. R. Dhar, learned Additional Senior Govt. Advocate for the State.

(2.) WP(C) 3524/2011 and WP(C) 1750/2011 have been filed seeking appointment of the petitioners as Sub-Inspector of Police (AB) in pursuant to advertisement dtd. 17/12/2008 issued by the Additional Director General of Police (TAP) Chairman, SI (AB) Selection Board, inviting applications for fillingup of 115 posts of Sub Inspector of Police (AB), by setting aside the appointment of the candidates, who had secured lesser marks than the petitioners.

(3.) The brief facts of the case of the petitioners are that an advertisement dtd. 17/12/2008 was issued by the Additional Director General of Police (TAP) Chairman, SI (AB) Selection Board, inviting applications from the Indian citizens, who are ordinarily a resident of Assam for filling up 115 posts of Sub Inspector of Police (AB). Minimum educational qualification prescribed was a graduate degree from any recognized university, age between 20 and 24 years as on 1/1/2008, physical standard: minimum hight-5'3", chest measurement- 78.5cm (normal) 83.5cm (expanded). The recruitment test was prescribed to consist of 3 segments, written examination, physical test followed by interview. Merit list has been prescribed to be prepared on the basis of aggregate marks secured in the above mentioned tests. It was also prescribed that the candidate shall have to secure qualifying marks in each of the above segments. At the relevant point of time, the petitioner in WP(C) 3524/2011 was working as Constable at Assam Police Radio Organization and the petitioner in WP(C) 1750/2011 was working as Constable at Assam Police Battalion and as the petitioners were over aged for participation in the selection to be held in terms of advertisement dtd. 17/12/2008, they had filed WP(C) No.2121/2008 seeking a direction for relaxation of their upper age limit to enable participation in the selection process.