ANNA MAHANTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. A.M. Mazumdar, learned senior counsel for the petitioner, Mr. A. R. Banerjee, learned senior counsel for the Governing Body of Darrang College and the learned Government Advocate.

(2.) BOTH the writ petitions, namely, W.P. (C) No. 3521/2002 and W.P. (C) No. 1444 of 2003 are disposed of by this common order as in both the writ petitions, the impugned order dated 18.1.2002 passed by the Director, Higher Education Assam, has been challenged.

(3.) THEREAFTER , an appeal was filed on 17.7.2001 and vide the impugned order, the Director of Higher Education, Assam has held that the date of birth of the petitioner will be 29th March, 1940 and she will be attaining the age of 60 years on 29.3.2000. The said order has been chellenged by the petitioner by filing W.P.(C) No. 3521/2002 and the College authority by filing W.P.(C) No. 1444/ 2003. Both the writ petitions were heard analogously, as because the petitioner and the Governing Body of the College have challenged the decision of the Director of Higher Education, Assam. From the materials available on record, we find that when an appeal was preferred against the decision of the College authority disputing the date of birth, the concerning authority or the appellate authority has jurisdiction to decide the merit of the matter on consideration of the materials available and the decision of the appellate authority can be questioned if they have disposed the matter by shutting their eyes over the available materials a non consideration of actual merit of the matter.