AMARJYOTI SARMA Vs. STATE OF ASSAM AND ORS

JUDGEMENT

(1.) Heard Mr. P.D. Nair, the learned counsel appearing for the petitioner. The respondent Nos.1—4 and 6 are represented by Mr. N.J. Khataniar, the learned Standing counsel, Higher Education Deptt. The Assam Public Service Commission (APSC) (respondent No.5) is represented by the learned lawyer, Mr. R.K. Talukdar. The contesting litigant Asutosh Kundu (respondent No.7) is represented by Mr. D.P. Chaliha, the learned Senior Counsel.

(2.) The matter pertains to appointment to the post of whole time Lecturer in the Bishnu Ram Medhi Govt. Law College, Guwahati (hereinafter referred to as 'the Law College') , in pursuant to the advertisement dated 20.5.2009, issued by the APSC. The selection and appointment of Asutosh Kundu, who was over aged and did not satisfy the age criteria of 21—38 years, as on 1.1.2009, is the focus of challenge in this case. In the select list notified on 19.11.2009 (Annexure-2) , the respondent No.7 was placed first in order of merit and the petitioner, who was placed in the 2nd position in the same select list, contends that the over aged candidate could not have been selected without relaxation of the upper age limit, as he was aged 44 years 11 months, as on 1.1.2009.