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GAHC010204192022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6577/2022 MUFAFSEL HUSSAIN S/O- CHAN MIAH, R/O- KANCHANPUR, P.O. HABIDUNGRA, P.S. BAGHBAR, MOUZA- MANDIA, DIST. BARPETA, ASSAM, PIN- 781308.
VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-06.
2:THE DEPUTY COMMISSIONER BARPETA P.O. AND DIST. BARPETA ASSAM PIN- 781301.
3:THE CIRCLE OFFICER BAGHBAR REVENUE CIRCLE P.O. MANDIA DIST BARPETA ASSAM PIN- 781301 Advocate for the Petitioner : MR. A R BHUYAN Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
['A R BHUYAN', '', 'A BORAH', 'F HAQUE', 'GA', 'ASSAM', '', 'SC', 'REVENUE']
ORDER
29.09.2022 Heard Mr. AR Bhuyan, learned counsel for the petitioner. Also heard Ms. PR Mahanta, learned counsel for the respondent No.1 being the authorities under the Revenue and Disaster Management Department, Government of Assam and Mr. CS Hazarika, learned Junior Government Advocate for respondents No.2 and 3 being the Deputy Commissioner Barpeta and the Circle Officer, Baghbar Revenue Circle.
2. The writ petitioner herein is aged about 23 years and aspires to participate in a selection process for the post of Gaon Burah/Gaon Pradhan. According to the petitioner as per the Notification of the year 2016, the minimum age for Gaon Burah/Gaon Pradhan was 21 years. The subsequent Notification for the year 2019 provided the age for the post of Gaon Burah/Gaon Pradhan to be 25 years and the later Notification of 2021 provided the minimum age to be 30 years.
3. The petitioner in this writ petition assails the Notification dated 26.08.2021 providing the minimum age of Gaon Burah/Gaon Pradhan to be 30 years. But we have noticed that in an earlier writ petition being WP(C)No.6085/2022, an issue had arisen that on one hand the Notification of 2019 provided that the minimum age of Gaon Burah/Gaon Pradhan had been brought down from 35 years to 25 years, whereas the subsequent Notification of the year 2021 provided that the minimum age has been brought down again from 35 years to 30 years. Therefore, a question had arisen that if in the year 2019 it was brought down to 25 years, in 2021 it could not have been brought down from 35 years to 30 years. Accordingly, there was a direction to the Commissioner and Secretary to the Government of Assam in the Revenue and Disaster Management Department to take a decision on the same.
4. We are of the view that the issue raised in this writ petition would be covered by the same direction as passed in WP(C)No.6085/2022, requiring the Commissioner and Secretary in the Revenue and Disaster Management Department to take a decision in the matter. Accordingly the grievance of the writ petitioners in this writ petition regarding minimum age for the post of Gaon Burah/Gaon Pradhan shall also be governed by any such decision that the Commissioner and Secretary in the Revenue and Disaster Management Department may take.
5. Writ petition stands disposed of in the above terms.
JUDGE
