JUDGMENT :

Heard Mr. G. Jalan, the learned counsel appearing on behalf of the petitioner and Mr. S. Dutta, the learned counsel appearing on behalf of the respondent No.1. I have also heard Mr. J. K. Goswami, the learned Additional Senior Government Advocate appearing on behalf of the respondent Nos. 2, 3 and 4 and Mr. R. Sharma, the learned counsel appearing on behalf of the respondent 5.

2. The instant matter has come up before this Court today in view of an application being filed by the respondent No.5 seeking vacation/modification/alteration of the order dated 30.06.2022. At the time of taking up the said application, it appeared that any decision on the said application would have a bearing on the merits of the case and as such the matter has been taken up for final disposal at this stage.

3. From a perusal of the writ petition, it appears that an advertisement was issued on 28.01.2022 by the Office of the Deputy Commissioner, Dhemaji District whereby applications were invited for filling up the posts of Lot Gaon Pradhan of the Lot Gaons falling under the Jonai Revenue Circle/Mouza of Dhemaji District. It was mentioned that the applicants were required to submit their application by 15.02.2022 either at the Office of the Deputy Commissioner or at the Office of the Circle Officer. Further to that, it was mentioned that in terms with the Government Notification dated 10.04.2018 and 29.11.2021, proof of the qualifications/conditions were required to be enclosed along with the application.

4. For the purpose of the instant case, it is relevant to take into consideration the condition Nos. 1, 2 and 7 amongst the various other conditions mentioned therein. The said conditions for the sake of convenience are reproduced hereinbelow:

1. Applicant must be an Indian Citizen and a permanent resident of the below mentioned LOT Gaons.

2. Applicant must have completed the age of 30 (thirty) years as on 01.01.2021. The minimum educational qualification of the applicant should be HSLC passed.

7. Applicant must have landed property or immovable property within the LOT in which he has applied for the post of Gram Pradhan.

5. From the above conditions, it transpires that the applicant has to be an Indian Citizen and a permanent resident of the mentioned Lot Gaons. A further perusal of the advertisement and more particularly to the vernacular version, it transpires that there are various Gaon Lot numbers. The instant writ petition pertains to Gaon Lot No.77 which includes the following 5 Lot Gaons i.e. (i) Kekon Dikhari, (ii) 2 No. Koila Ali, (iii) 3 No. Bodo Gaon, (iv) 3. No. Ravan and (v) Anu Chapori Part-I. Further to that, in terms with Condition No.2, the applicant must have completed 30 (thirty) years as on 01.01.2021 and the minimum educational qualification of the applicant should be HSLC passed. In terms with Condition No.7, the applicant must have landed property or immovable property within the Lot in which he has applied for the post of Gaon Pradhan.

6. The petitioner along with the respondent No.5 had applied for filling up the vacant post of Lot Gaon Pradhan in respect to Lot No.77 and the respondent authorities vide an order dated 01.06.2022 have selected the respondent No.5 against Gaon Lot No.77 for appointment of Gaon Pradhan subject to obtaining Police Verification Report from the Superintendent of Police, Dhemaji. Pursuant to the said order dated 01.06.2022, the Deputy Commissioner, Dhemaji had issued an order dated 03.06.2022 whereby the respondent No.5 was appointed as the Lot Gaon Pradhan in respect to Lot No.77.

7. Being aggrieved, the petitioner has approached this Court under Article 226 of the Constitution challenging the order dated 01.06.2022 as well as the order dated 03.06.2022 on the ground that the respondent No.5 being not a resident of any of the Lot Gaons mentioned against Lot No.77 was not eligible to be selected for appointment of the Gaon Pradhan in respect to Lot No.77. It was mentioned in the writ petition that