MD. NURUL HAUQE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Ali, the learned counsel appearing for the petitioner. The respondent Nos.1-4, are represented by Mr. M.R. Adhikari, the learned Govt. Advocate. However the respondent No. 5 is unrepresented.

(2.) The matter pertains to appointment of the Gaonburah of village Taragaon of the Patharighat Revenue Circle, in Darrang District. the petitioner's father Late Idris Ali served as the Gaonburah for over three decades but due to ill health, he put in his resignation in the year 2001.

(3.) The Gaonburah's vacancy was advertised on 11.10.2001 and the petitioner as the son of the former Gaonburah, offered his candidature along with other contenders. On 12.2001, Md. Afazuddin Ahmed (respondent No. 5) was appointed as the Gaonburah. Since preferential consideration was not shown for the son of the former Gaonburah, the petitioner filed an Appeal before the Commissioner, North Assam Division, to challenge the appointment of the respondent No. 5. The Appellate Authorities noted that the petitioner is the son of the former Gaonburha and accordingly he is entitled to preferential consideration, under Clause 162 of the Executive Instruction, under the Assam LandRevenue Regulation, which requires the appointing authority to consider the claims of the family members of the former Gaonburhas.