MUMTAZ ALI Vs. ASSAM PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Heard Dr. B Ahmed, learned counsel for the petitioner and Ms. A. Verma, learned Standing Counsel, Health Department, Assam. Also heard Mr. C Baruah, learned Standing Counsel, Assam Public Service Commission (APSC). By way of this petition under Article 226 of the Constitution of India, petitioner seeks quashing of the decision of APSC rejecting his candidature for the post of Medical Officer (Ayurvedic), under the Health & Family Welfare (A) Department, Govt. of Assam on the ground of being overaged. Petitioner further seeks a direction to the respondents to allow him to appear in the interview for the said post.

(2.) Petitioner obtained Bachelor of Ayurvedic Medicine & Surgery (BAMS) degree from Government Ayurvedic College, Guwahati, and got himself registered with the State Council of Indian Medicine, Assam, Guwahati. Thereafter, he obtained Post Graduate degree and also Ph.D. degree. He has been working as Lecturer in various private institutions, both inside the State as well as outside the State.

(3.) APSC issued advertisement No. 04/2013, dated 01.08.2013, inviting applications from eligible candidates for recruitment to 53 posts of Medical Officer (Ayurvedic) under Health & Family Welfare (A) Department. As per the said advertisement, a candidate should not be less than 20 years of age and not more than 38 years of age as on 01.01.2013. It was provided that the upper age limit was relaxable for reserved categories of candidates as per existing Rules. 31.08.2013 was the date fixed for submission of applications.