WAHED ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) A short controversy has been raised in this writ petition filed under Article 226 of the Constitution of India pertaining to selection and appointment of Gaonburah of Charge No. 16 under Kalgachia Revenue Circle in the district of Barpeta. A recruitment process was initiated vide an advertisement dtd. 27/6/2018 issued by the Deputy Commissioner, Barpeta. The petitioner, who claims to be eligible in all respects, had offered his candidature. Subsequently, there was a clarification vide notification dtd. 8/11/2019 whereby a clause was introduced with regard to filing of declaration of number of living children of the prospective candidate. Such notice was issued in view of the Gazette Notification dtd. 19/7/2019 whereby certain amendments were made to the Executive Instruction No. 162(1) and 162-A in the Assam Land and Revenue Regulation pertaining to an appointment of a Gaonburah. As per the said amendment, no person would be eligible for such appointment if he or she has more than two living children from a single or multiple partners. It is the contention of the petitioner that such amendment would affect his candidature.

(2.) I have heard Shri R. Dhar, learned counsel for the petitioner. I have also heard Shri CKS Baruah, learned State Counsel and Shri J. Handique, learned Standing Counsel, Revenue Department.

(3.) Shri Dhar, learned counsel for the petitioner has submitted that the eligibility of the petitioner has to be examined from the aspect of the date of original advertisement which is 27/6/2018 and any subsequent notification cannot change the eligibility criteria. He has also informed this Court that an impugned order is in operation regarding the impugned advertisement dtd. 8/11/2019.