MAHBUBR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Sharif, learned counsel for the petitioner, Mr. F.U. Barbhuiya, learned counsel for the private respondent and Mr. N.C. Phukan, learned Government Advocate.

(2.) The matter relates to appointment of Gaobura of village Baguriguri Pathar, Charge No. 17 on the death of the incumbent Gaonbura of the village. The Sub-Divisional officer (Sadar) Barpeta issued an advertisement on 3.9.2002 inviting applications from eligible candidates for appointment to the post of Gaobura. Pursuant to the said advertisement, six persons including the petitioner and the private respondent submitted their applications and thereafter interview was held on 19.6.2003 and on the basis of selection Md. Taleb Ali Mandal was appointed as Gaonbura by the Deputy Commissioner, Barpeta vide order dated 14.7.2003. The order of appointment has been challenged by the present petitioner Mahbubur Rahman who happens to be the son of Abdul Kuddus, the then Gaonbura on whose death the vacancy arose.

(3.) The impugned order of appointment has been challenged on the ground of alleged violation of the provisions of Clause 162 of the Executive Instructions issued under the Assam Land and Revenue Regulations. Clause 162 reads as follows:-