GAUHATI HIGH COURT ISSUES ORDER ON SIRAJUL ISLAM V/S THE STATE OF ASSAM AND 5 ORS.

GUWAHATI, India, Feb. 23 -- Gauhati High Court issued the following order on Jan. 22:

1. Heard Mr. D. Ullah, the learned counsel appearing on behalf of the Petitioner and Mr. S. Dutta, the learned Standing counsel appearing on behalf of the Respondent Nos. 1, 2 and 5. I have also heard Mr. D. Bora, the learned Government Advocate appearing on behalf of the Respondent Nos. 3 and 4 and Mr. N. H. Barbhuiya, the learned counsel appearing on behalf of the Respondent No.6.

2. The present writ petition has been filed challenging the order dated 17.02.2025 passed by the Secretary to the Government of Assam, Revenue and Disaster Management Department which was digitally signed on 15.05.2025.

3. For the purpose of deciding the legality or validity of the impugned order dated 17.02.2025, it is relevant to take note of the brief facts which led to the filing of the instant writ petition.

4. Pursuant to an advertisement dated 02.05.2017 for appointment of Gaon Pradhan of village Sonari Kissam, the Petitioner as well as the Respondent No.6 participated in the said selection process. The Respondent No.6 secured 44 marks and the Petitioner secured 36 marks. Under such circumstances, the Respondent No.6 was appointed as a Gaon Pradhan on 29.07.2017. The Petitioner herein being aggrieved, preferred an appeal before the Commissioner of the Central Assam Division, Nagaon in terms with Section 162(C) of the Executive Instructions under the Assam Land and Revenue Regulation, 1886. The said appeal was registered and numbered as Case No. RR(CAD)39/2017. Vide an order dated 20.08.2021, the Commissioner, Central Assam Division, Nagaon allowed the appeal holding inter alia that the Respondent No.6 was physically challenged person and not fit to carry out his works smoothly. The Commissioner, Central Assam Division, Nagaon further observed that though the Petitioner did not qualify in the interview, but being the son of Ex-Gaon Burah having experienced and physically fit for better service in the public and Government. The appointment order of the Respondent No.6 issued by the Deputy Commissioner, Nagaon was accordingly set aside with a direction given to the Deputy Commissioner, Nagaon to consider the case of the Petitioner afresh within 30 (thirty) days from the date of receipt of the order.

5. Pursuant to the said order dated 20.08.2021, the Deputy Commissioner, Nagaon vide an order dated 25.11.2021 temporarily appointed the Petitioner to the post of Government Gaon Pradhan with the stipulation that if there is a complaint against the Petitioner who is appointed temporarily in the post of Government Goon Pradhan, it would lead to immediate dismissal from duty without giving any notice.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x0seuhrNp6EQJQvRXiF66KNiJTKuGrIzI7qvFsut%2Bnnk&caseno=WP(C)/1076/2025&cCode=1&cino=GAHC010040212025&state_code=6&appFlag=)

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