DIPEN SINGHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Shri P. Mahanta, learned counsel for the petitioner. Also heard Shri U. Sharma, learned Standing Counsel, Secondary Education Department for the official respondents, Ms. D. Das Barman, learned counsel for the respondent nos. 5 & 6 Deputy Commissioner, Nagaon and Deputy Commissioner, Hojai and Shri R. L. Yadav, learned counsel for the private respondent no. 7.

(2.) Considering that the writ petition is of the year 2016 and as stipulated by the last order dtd. 16/2/2022, the petition is taken up for disposal at the admission stage. The pleadings of the contesting parties are also seen to be complete.

(3.) The petitioner has put to challenge the selection and appointment of the respondent no. 7 to the post of LDA in the Dakhin Hojai High School (herein after School). The Projected case of the petitioner is that an advertisement was issued on 12/12/2015 for filling up one post of Lower Division Assistant in the School in which amongst others, the petitioner and the respondent no. 7 had participated. Amongst the criteria fixed for eligibility, the age was fixed to be from 18 to 38 years. It is the case of the petitioner that on 20/12/2015, the written examination was held followed by an interview and the results were declared in which the respondent no. 7 was placed as the first nominee with a total mark of 65 whereas the petitioner was the second nominee with 59 marks. The primary challenge of the petitioner is that the respondent no. 7 was otherwise ineligible to even apply for the said post on the criterion of age as his age was more than the upper limit. However, to overcome the same, the respondent no. 7 took the benefit of an Office Memorandum of the Government of Assam whereby for persons with disability, the age was relaxed from 38 to 43 years and in this connection, certain certificates were also issued by the said respondent no. 7. The petitioner has also alleged manipulation in the marks as the father of the respondent no. 7 was the erstwhile Headmaster of the School in question and had influence in the selection.