ORDER

Date :09.08.2024 Heard Ms. S.G. Baruah, learned counsel for the petitioner and Mr. H.K.

Das, learned Standing Counsel, Gauhati High Court [GHC] for the respondent nos. 2, 4 & 5.

2. The petitioner has averred that he was engaged as a Bungalow Peon by an Office Order dated 30.06.2012 [Annexure-3] w.e.f. 01.07.2012 in the residence of Member, Motor Accident Claims Tribunal, Cachar, Silchar purely on temporary basis at a fixed pay of Rs. 4,500/- and later on, by an Office Order dated 07.12.2012, he was appointed as a casual driver, as a stopgap measure on temporary basis w.e.f. 01.12.2012 until further orders at the same fixed pay of Rs. 4,500/- in the office of the Member, Motor Accident Claims Tribunal, Cachar, Silchar. The petitioner has averred that he has been continuing as such till date. The petitioner has stated that the cause of action to file the present writ petition has arisen when his application submitted in response to an Advertisement dated 01.06.2024 [Annexure-19] has been placed in the rejected list of candidates showing the ground that the age of the applicant is not as per criteria laid down in the said Advertisement.

3. Ms. Baruah, learned counsel for the petitioner has submitted that she has received a copy of the accepted list of candidates for the same post of driver today morning wherefrom it is revealed that another candidate named Sekhar Suklabaidya whose age is also beyond the age criteria laid down in the Advertisement dated 01.06.2024, has been accepted and projecting so, the petitioner has sought for a similar relief.

4. Mr. Das, learned Standing Counsel, GHC by referring to the earlier instance of rejection of candidature of the petitioner on similar ground, has submitted that the prayer of the petitioner is not merited. 5. Issue notice, returnable in 4 [four] weeks.

6. As Mr. Das, learned Standing Counsel, Gauhati High Court has appeared and accepted notice on behalf of the respondent nos. 2, 4 & 5, no formal notice need to be issued to the said respondents. Ms. Baruah shall furnish requisite nos. of extra copies of the writ petition along with the annexures, to Mr. Das within 3 [three] working days from today.

7. The learned counsel for the petitioner shall serve a copy of the writ petition along with annexures to the Senior Government Advocate, Assam for service of notice upon the respondent nos. 1 & 3 within 3 [three] working days from today.

8. Heard the learned counsel for the parties also on the interim prayer.

9. From the case papers, it has emerged that on an earlier occasion, the office of the Member, Motor Accident Claims Tribunal, Cachar, Silchar published an Advertisement dated 26.05.2015 for filling up a vacancy for the post of Driver. The petitioner who was working as a casual driver at that point of time also, submitted his candidature in response to the said Advertisement. The Advertisement dated 26.05.2015 required that a candidate must not be less than 18 years and must not be above 38 years, as on 01.01.2015. As the date of birth of the petitioner is 26.05.1973 and his age on 01.01.2015 was 41 years 6 months 6 days, the candidature of the petitioner was rejected on that occasion. Aggrieved thereby, the petitioner preferred a writ petition, W.P.[C] no. 5587/2015 before this Court. Initially, an interim order was passed allowing the petitioner to participate in the selection process. But later on, the writ petition, W.P.[C] no. 5587/2015 came to be dismissed on merits. When an intra-court appeal, W.A. no. 180/2018 was preferred by the petitioner, the same was also dismissed on 20.08.2018 finding no merits in the writ appeal. The Advertisement dated 01.06.2024 has prescribed that a candidate should not be less than 18 years of age and not more than 40 years of age, as on 01.06.2024 and the upper age limit is relaxable only in respect of candidates belonging to SC/ST/OBC categories. Admittedly, the petitioner belongs to the unreserved category and his date of birth is 26.05.1973. Afte