Commissioner of Lower Assam Division. The Appellate Authority allowed the appeal filed by Jahurul Islam vide order dated 08.10.2013 and cancelled the order of permitting the respondent No.1 herein to discharge the duties of Gaonburah of Charge No.17 with a further direction to initiate fresh process of selection under the relevant provisions of the Executive Instructions issued under the 1886 Regulations, as amended.

Pursuant to that an advertisement inviting applications from the aspirants for filling up the post of Gaonburah for Charge No.17 was issued on 06.08.2014. In the meantime, vide order dated 16.08.2014, one Akkabbar Ali was entrusted to look after the day-to-day works of Gaonburah of Charge No.17.

3. Thereafter, the respondent No.1 herein filed WP(C) No.4289/2015 challenging the order dated 08.10.2013 passed by the Appellate Authority, whereby permission granted to him to continue as Gaonburah of Charge No.17 was interfered with. However, during the pendency of WP(C) No.4289/2015 preferred on behalf of the respondent No.1 herein, Notification No.RLR.187/ 2007/43 dated 05.01.2016 was issued by the State respondents, whereby the earlier Executive Instruction Nos.160 to 167 contained in the 1886 Regulations were amended and taking into consideration the same, the Writ Court in WP(C) No.4289/2015 observed that since the advertisement dated 06.08.2014 did not lead to appointment of any person as regular Gaonburah of Charge No.17, the respondent State authorities should initiate a fresh process of recruitment for the post of Gaonburah of Charge No.17 by abandoning the earlier process initiated through advertisement dated 06.08.2014. While disposing of WP(C) No.4289/2015 vide order dated 31.05.2017, the Writ Court also directed the respondent authorities to ensure appointment of a better merited person, in accordance with the current norms, granting liberty to the respondent No.1 herein and Jahurul Islam to participate in the said selection process. Certain other ancillary directions were also given by the Writ Court in the order dated

31.05.2017.

In the meantime, the Joint Secretary to the Government of Assam, Revenue & Disaster Management (LR) Department issued an order dated 20.02.2017, whereby new guidelines dated 05.01.2016 issued for selection and appointment of Gaonburahs were kept in abeyance until further orders with a direction to the concerned authorities not to act on the Notification dated 05.01.2016. It appears that the order dated 20.02.2017 directing to keep the new guidelines dated 05.01.2016 in abeyance was not brought to the knowledge of the learned Single Judge at the time of disposal of WP(C)

No.4289/2015 vide order dated 31.05.2017.

4. Be that as it may, pursuant to the direction given by this Court vide order dated 31.05.2017 in WP(C) No.4289/2015, the respondent State authorities issued an advertisement on 13.11.2017 inviting applications from the interested candidates to fill up the vacant post of Gaonburah for Charge No.17. However, pursuant to the said advertisement, no one applied for the said post till the last date of submission of application. Thereafter, again an advertisement dated 29.12.2017 was issued and pursuant to that the appellant, respondent No.1 and 4(four) other persons submitted applications for selection and appointment on the post of Gaonburah of Charge No.17. The interview for selection on the said post of Gaonburah was conducted on 03.04.2018, wherein the appellant secured highest marks and was selected for the said post vide order dated 12.04.2018.

5. Being aggrieved with the selection and appointment of the appellant on the post of Gaonburah of Charge No.17, the respondent No.1 herein filed WP(C) No.4883/2018, which came to be allowed vide the impugned judgment &

order.

6. The learned Single Judge has interfered with the selection and appointment of the appellant for the post of Gaonburah of Charge No.17 mainly on the ground that as per the guidelines dated 05.01.2016, the minimum