The importance of adhering to the valid Executive Instruction No. 162 (A) for the appointment of Gaonburas and the need for any changes to be made by the competent authority in accordance with the law.

Asok Potsangbam, J.

1. Writ Appeal Nos. 184 of 2006, 194 of 2006 and 248 of 2006 being analogous and are against the judgment and order dated 12.4.2006 passed by the learned Single Judge in W.P. (C) No. 6045/2005, are taken up together and disposed of by this common judgment and order.

2. Heard Mr. A.S. Choudhury, learned senior counsel and Mr. B.D. Konwar, learned Counsel on behalf of the appellants. Also heard Mr. K.N. Choudhury, learned Additional Advocate General, Assam and Mr. H.R.A. Choudhury, learned senior counsel appearing on behalf of the private respondents.

3. Writ petitioners, seven in number, filed Writ Petition No. 6054 of 2005 before the learned Single Judge challenging the list containing names of the private respondents on the ground that the private respondents did not possess matriculation certificates which was the condition for eligibility stipulated in the notification dated 26.6.2000 issued by the Additional Deputy Commissioner, Goalpara, for appointment of Gaonburas/Additional Gaonburas etc. It may be necessary for us to refer to the notification dated 26.6.2000 and the same is quoted below:

Govt. of Assam

Office of the

Deputy Commissioner: Goalpara

(R.K.G Branch)

No. GRF-1/2000/28 Date: 26.06.2000

To

1. The Circle Officer/Balijana/Matia/Dudhnoi/Rongjuli/Lakhipur.

2. Tohsildars/Balijan/Matia/Dudhnoi/Rongjuli/Lakhipur

3. Block Development Officer/Balijana/ Matia/Rongjuli/Lakhipur/Krishnai/ Kushdhowa/Jaleswar

Sub: Appointment of Honorary Gaonbura/Additional Gaonbura.

Sir,

With reference to the subject cited above you are informed that no application has been submitted for the posts of Gaonbura of the revenue villages listed in the list annexed herewith. You are therefore requested to collect applications from the areas already mentioned through the Office of the Gaon Panchayats/weekly market etc, and submit the same on or before 20.07.2000 in the Office of the undersigned.

The appointment of Gaonbura/Additional Gaonbura would be purely on honorary basis. They would not be able to claim any salary or payment. The Government will also not consider any of such demand in future.

The minimum educational qualification of the Gaonbura/Additional Gaonbura should be matriculation.

The applicants for the post of Gaonbura should submit their applications to the Circle Officers of the respective revenue villages. The appointments shall be made against each revenue village. The applicant should specify clearly for which revenue village candidature has been offered.

Enclo: A list.

Yours faithfully,

Sd/-Illegible

Additional Deputy Commissioner,

Goalpara

26.06.2000.

4. Provisions of law prescribed for nomination, appointment and dismissal of Gaonburas finds place in the Executive Instructions No. 162 and 162 (A) of the Assam Land and Revenue Regulations, 1886, for short "the Regulation", and these two Executive Instructions hold the field for nomination, appointment and dismissal of Gaonburas in various Revenue Circles of the Districts of Assam. To enable us to appreciate the issue in question, Executive Instruction Nos. 162 and 162 (A) are quoted as follows:

162. Nomination and appointment of Gaonburas-

Gaonburas are appointed by the Deputy Commissioner. In the case of vacancy, the Deputy Commissioner shall take into consideration (a) the claims of the family of the late Gaonbura, (b) the wishes of the villagers and (c) the views of the Mauzadar, and shall appoint the person whom be considers most suitable for the post.

In charges consisting entirely of nisf-khiraj or lakhiraj estate the nomination of Gaonburas shall rest with the proprietors unless the nominee is plainly unfit.

The Deputy Commissioner may dismiss a Gaonbura from office after recording his reasons in writing.

162 (A). Appointment and dismissal of Gaonburas:

Gaonburas shall be appointed, suspended and dismissed, in case of Sadar Sub-Division by the Deputy Commissioner or the Sub-Divisional Officer (Sadar) and in case of outlying Sub-Divisions by the Sub-Divisional Officers.

If