GAHC010010372015 2026:GAU-AS:4051 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/1470/2015 MD. ABUL HUSSAIN S/O LT. MD. BAHAR ALI, VILL. BADLA PATHAR, P.O. BADLA BAZAR, DIST-

KAMRUP, ASSAM VERSUS THE STATE OF ASSAM and 6 ORS, REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF REVENUE, DISPUR, GHY-6

2:THE COMMISSIONER LOWER ASSAM DIVISION GHY-1

3:THE DY. COMMISSIONER KAMRUP RURAL GUWAHATI AMINGAON ASSAM

4:THE SUB DIVISIONAL OFFICER S KAMRUP RURAL P.O. and P.S. AMINGAON GHY-01 ASSAM

5:THE CIRCLE OFFICER NAGARBERA REVENUE CIRCLE NAGARBERA P.O. and P.S. NAGARBERA DIST- KAMRUP RURAL ASSAM

6:ALTAP HUSSAIN S/O ABDUL HOQUE VILL. BADLA PATHAR P.O. BADLA BAZAR P.S. NAGARBERA DIST- KAMRUP RURAL ASSAM

7:THE SELECTION BOARD FOR SELECTION OF GAONBURAH OF VILL. BADLAPATHAR REP. BY THE SUB- DIVISIONAL OFFICER SADAR OF KAMRUP RURAL DISTRICT P.O. AMINGAON DIST- KAMRUP RURAL ASSA Advocate for the Petitioner : MR. M HUSSAIN, MR. K U AHMED,MR. M A SHEIKH,MS. A BEGUM,MS. F INTAZ Advocate for the Respondent : GA, ASSAM (R1), MR. T C CHUTIA (R2-R5),MR. J.K. GOSWAMI, ADDL. SR. GA, ASSAM,,MS. S KAKATI (R6),MR. C CHAKRAVARTY (R6),MR. R HAZARIKA (R6),MR. J ROY (R6)

BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

17/03/2026 Heard Mr. M A Sheikh, learned counsel for the petitioner. Also heard Mr. T C Chutia, learned Additional Senior Government Advocate, appearing for the respondent Nos. 1 to 5 &

7 and Mr. R Hazarika, learned counsel for the respondent No. 6.

2. The petitioner in the present writ petition has presented a challenge to the selection and appointment of the respondent No. 6, as the Gaonburha (Gaon Pradhan) in Village-

Badlapathar under Nagarbera Mouza, vide an order dated 20.08.2009.

3. The facts in brief requisite for adjudication of the issues arising in the present writ petition is noticed as under:

The petitioner in the present writ petition has projected that he belongs to a family of Gaonburhas. His grandfather was initially appointed as a Gaonburha of Badlapathar and thereafter, the said appointment was given to the father of the petitioner. Upon the death of the father of the petitioner, the post of Gaonburha becoming vacant, the petitioner was engaged for discharging the duties of the Gaonburha of the said village on adhoc basis.

With the said background, the petitioner in response to an advertisement dated

14.05.2008, issued by the office of the Deputy Commissioner, Kamrup, Guwahati, inviting applications from eligible candidates for recruitment to the post of Gaonburha of Village- Badlapathar under Nagarbera Mouza, had submitted his application. The respondent No. 6, herein, had also submitted his application for recruitment as Gaonburha against the post advertised vide the said advertisement dated 14.05.2008.

The Selection Committee as constituted in the matter, after considering the cases of the candidates appearing before it, including the petitioner and the respondent No. 6, proceeded to recommend the name of the respondent No. 6, for appointment as Gaonburha against the post so advertised vide the said advertisement dated 14.05.2008. The respondent No. 6, was subsequently appointed, in terms of his selection.

The petitioner, being aggrieved by the said appointment effected in respect of the respondent No. 6, herein, had assailed the same by way of instituting a writ petition, being WP(C) No. 3611/2008 before this Court. The said writ petition was permitted to be withdrawn by the learned counsel for the petitioner with liberty to approach the Appellate Authority by way of filing an appeal. The said order permitting the petitioner to withdraw the writ petition was so passed on 19.12.2008.

The petitioner, thereafter, instituted an appeal before the Appellate Authority, however, the said appeal came to be rejected vide order dated 18.08.2009. The petitioner, thereafter, submitted a further appeal before the Commissioner of Lower Assam Division, Guwahati. The same was rejec