ATUL BANIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. C. Biswas, learned counsel for the petitioner. I have also heard Mr. U. K. Nair, learned senior counsel representing the respondent No.2. Ms. R. B. Borah, learned Govt. Advocate, Assam, has appeared for the respondent No.1.

(2.) The instant writ petition has been filed with a prayer to grant relaxation in respect of the educational qualification prescribed by the advertisement dated 01.06.2013 issued by the Chief Judicial Magistrate, Dhemaji for filling up one post of Chowkidar in his establishment. The undisputed factual position, emerging from the record of this case, is that the petitioner was initially appointed vide order dated 06.05.2008 as a casual employee in the establishment of the Chief Judicial Magistrate, Dhemaji. While the writ petitioner was serving as a casual employee, the Chief Judicial Magistrate, Dhemaji had issued the aforesaid advertisement notice on 01.06.2013 for filling up the vacancy of Chowkidar, wherein, the minimum educational qualification had been prescribed as "Xth Standard". The petitioner has studied upto "IXth Standard". However, having rendered service for several years as a casual employee and being in need of a permanent job, the petitioner had submitted his application seeking appointment against the post of Chowkidar although he did not meet the educational qualification prescribed by the advertisement notice dated 01.06.2013. Since the petitioner was not allowed to take part in the selection process, he has approached this Court by filing the present writ petition.

(3.) By the interim order dated 18.06.2013 passed by this Court the petitioner was allowed to participate in the selection process but it was directed that the result of the interview shall not be declared without the leave of this Court. In view of the order passed by this Court the post of Chowkidar has not been filled up till date.