RAJIB BURA GOHAIN S/O LT MINA KANTA BURAGOHAIN Vs. GAUHATI HIGH COURT AND 3 ORS
LAWS(GAU)-2018-11-71
HIGH COURT OF GAUHATI
Decided on November 20,2018

Rajib Bura Gohain S/O Lt Mina Kanta Buragohain Appellant
VERSUS
Gauhati High Court And 3 Ors Respondents

JUDGEMENT

Suman Shyam, J. - (1.) Heard Mr. N. H. Barbhuiya, learned counsel appearing for the writ petitioner. I have also heard Mr. T. J. Mahanta, learned senior counsel assisted by Mr. P. P. Dutta, learned counsel appearing for respondent Nos.1, 2 and 3, whereas Mr. A. Ahmed, learned counsel appears for respondent No.4.
(2.) By filing this Writ Petition the petitioner has challenged the selection and appointment of the respondent No.4 in the post of Peon in the office of the Chief Judicial Magistrate, Dhemaji. The basic ground of challenge is that as per the advertisement notice dated 22.05.2013 the minimum educational qualification for the post was fixed at Xth standard whereas the maximum educational qualification was of XIIth standard. However, the respondent No.4 had applied for the post by suppressing the fact she had obtained the graduation degree from Dibrugarh University in the year 1999. In the selection process the respondent No.4 was selected at the top of the merit list and accordingly appointment order was issued in her favour by the concerned authorities. Subsequently, the petitioner could obtain information from the University authorities through RTI application and thereafter, he came to know that the respondent No.4 was over-qualified for the post and hence, she did not meet the eligibility requirement under the advertisement. Hence, this writ petition.
(3.) The respondent No.4 has filed an affidavit inter-alia admitting the fact that she had obtained the graduation degree in the year 1999 but it is the stand of the respondent No.4 that since her graduation certificate was misplaced, hence, the said qualification was not disclosed by her while submitting the application in response to the advertisement notice.;


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