The provision for preference is applicable only when the marks obtained by the candidates are equal, and the requirement of obtaining the views of the Mouzadar is conjunctive with the preference to be given to the family members of the Gaonbura.

JUDGMENT

Achintya Malla Bujor Barua, J. - Heard Mr. A.R Bhuyan, learned counsel for the petitioner, Mr. SK Goswami, learned counsel for the respondent No.5, Mr. J Handique, learned counsel for the respondent No.1 and Ms. MB Bora, learned counsel for the respondent Nos. 2, 3 and 4.

2. The petitioner Md. Karim Ali participated in the selection process for appointment of village Headman (Gaonbura) of Haripur village in the Nalbari district pursuant to the Notice No.NLR.1019/2018/16 dated 08.07.2019 of the Deputy Commissioner, Nalbari. Amongst the qualification criterias, the applicants for the aforesaid post were required to be a permanent inhabitant of the concerned village; having a minimum age of 35 years; having the minimum qualification of Class-X passed from a Government recognized board or institution; be a physically and mentally fit person; shall not be insolvent and bankrupt; shall not be a Government service holder; shall possess land or other immovable property in his name at the concerned Lat; shall not be a member of a political party; shall be a person of high repute, personality, efficiency; and shall be a person who voluntarily participate in implementation of Government policies and programmes. It is also stated that apart from the qualification criteria provided in the advertisement notice, the other criteria for the post of Gaonbura are provided in the executive instructions called the Executive Instructions under the Assam Land and Revenue Regulations, 1886 as amended in the year 2016. By the aforesaid amendment to the earlier existing Executive Instructions, Clauses 160, 162, 162A, 162C and 164 stood amended and the amendment was modified as per the notification dated 10.04.2018. Amongst others, Executive Instruction 162(1), providing for the minimum qualification, is as follows:-

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"162(1) Minimum qualification

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The Deputy Commissioner/Principal Secretaries of Autonomous Council areas shall appoint Gaonburas from the persons having the following qualifications:

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(i) He/she should be a citizen of India and permanent resident of the area in respect of which he/she seeks appointment;

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(ii) He/She should be of minimum 35 years of age. He/she should be minimum 10 th pass from a Board/Institution recognized by the State Government;

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(iii) He/She should be physically fit and have sound mind;

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(iv) He/She should not have been declared as an insolvent or defaulter in payment of Government dues;

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(v) Preference shall be given to the family members of Gaonburas and views of the Mouzadar shall be taken into consideration;

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(vi) He/She should not be a Government Employee;

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(vii) He/She should have landed property/immovable property in his/her name in the area in which he/she intend to be appointed as Gaonbura;

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(viii) He/She should not be a member of any political party;

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(ix) He/She should be a person of high status and command and have a respectable position in the society;

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(x) He/She should have worked/volunteered for the advancement of the Government Policies and programmes and rendered assistance in natural calamities."

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3. In the resultant selection process, it was the respondent No.5, who was selected as per the select list dated 28.08.2019. The result of the selection process as notified by the declared result dated 28.08.2019 in respect of Haripur village where the respondent No.5 was selected is being assailed in this writ petition.

4. The core ground urged upon by Mr. AR Bhuyan, learned counsel for the petitioner is that under Clause 162(1)(v) of the Executive Instructions as amended, the petitioner being the son of the earlier deceased Gaonbura namely Badir Ali ought to have been selected in the selection process on the basis of preference required to be given to the family members of the Gaonburas. Apart from the aforesaid ground taken, no other ground has been urged.

5. While relying upon the provisions of the Executive Instr