Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 6 Ors on 17 July, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010247712023
2025:GAU-AS:9200-DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6460/2023
MUSTAFA AHMED LASKAR
S/O MOZAHID ALI LASKAR, VILL-RONGPUR PART-IV, P.O.-RONGPUR, P.S.-
SILCHAR, DIST-CACHAR (ASSAM)
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM,
DEPARTMENT OF LAW AND JUSTICE, DISPUR, GUWAHATI-06
2:THE GAUHATI HIGH COURT
REPRESENTED BY ITS REGISTRAR GENERAL
PANBAZAR
GUWAHATI-01
3:THE PRINCIPAL JUDGE
FAMILY COURT
CACHAR
SILCHAR
PIN-788001
4:THE SELECTION COMMITTEE CONSTITUTED FOR SELECTION TO THE
POST OF PEON
IN TERMS OF ADVERTISEMENT DATED 01.03.2023
REPRESENTED BY ITS CHAIRMAN
C/O THE PRINCIPAL JUDGE
FAMILY COURT
CACHAR
SILCHAR
PIN-788001
5:LUNGCHUILONG KAMEI
Page No.# 2/4
S/O LATE RAJEN KAMEI
R/O KAGUILUANG
NAGA COLONY
SILCHAR
DIST-CACHAR
ASSAM
PIN-788001
6:RINKU SUKLABAIDYA
S/O UPENDRA SUKLABAIDYA
VILL-NAGDIGRAM PART-IV
P.O.-NAGDIGRAM
P.S.-SONAI
DIST-CACHAR (ASSAM)
PIN-788121
7:RATNOJEET NATH
S/O RABINDRA NATH
R/O SRIKONA GRANT
SILCHAR
SRIKONA
T.V. TOWER ROAD
P.O.-SRIKONA
DIST- CACHAR
ASSAM
PIN-78815
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
Advocates for the petitioner(s) :Ms. R Choudhury
Advocates for the respondent(s) :Mr. HK Das
Standing Counsel,
Gauhati High Court
Date of hearing & judgment :17.07.2025
JUDGMENT & ORDER(ORAL)
Heard Ms. R Choudhury, the learned counsel appearing on behalf of
Page No.# 3/4
the petitioner. Mr. HK Das, the learned Standing Counsel, Gauhati High
Court, who appears on behalf of the respondent Nos.2, 3 and 4. None
appears on behalf of the respondent Nos.1 and 5, when the matter
was called upon.
2. The petitioner herein has assailed the appointment of the
respondent No.5 solely on the ground that the respondent No.5 is 40
years on the date of the filing of the application and, as such, the
respondent No.5 could not have been eligible in terms with the
advertisement issued on 01.03.2023.
3. Taking into account that the issue involved is in a very narrow
compass, this Court finds it relevant to take note of the advertisement
dated 01.03.2023 stipulates at Clause 5 that the candidate must not
be less than 18 years and not more than 40 years of age as on
01.01.2023. It is further mentioned that relaxation of the age will be
as per Government norms.
4. Mr. HK Das, the learned Standing Counsel appearing on behalf of
the Gauhati High Court has placed before this Court the office
memorandum dated 02.09.2020 issued by the Principal Secretary to
the Government of Assam, Personnel (B) Department which
categorically stipulates that the Government has decided to raise the
upper age limit by 5(five) years over the general age limit i.e., up to
45 years from the existing 43 years for entry into State Government
Page No.# 4/4
Services in respect to candidates who belonged to Scheduled Caste
and Scheduled Tribes; by 3(three) years i.e. up to 43 years in respect
to the candidates belonging to the OBC/MOBC; by 2(two) years i.e. up
to 42 years in respect to the Ex-servicemen and by 10(ten) years i.e.
up to 50 years in respect to Persons with Disabilities. The said Office
Memorandum is kept on record and marked with the letter 'X'.
5. Taking into account that the respondent No.5 was 40 years as
would be apparent, which is an admitted aspect of the matter and the
respondent No.5 admittedly also is a candidate belonging to the
Scheduled Tribe (Plain), the eligibility of the respondent No.5 in terms
with the Office Memorandum dated 02.09.2020 is up to the age of 45
years. Therefore, there is no illegality in the selection and
appointment of the respondent No.5 to the post of Peon in pursuant
to the advertisement dated 01.03.2023.
6. Accordingly, this Court does not find any merit in the instant writ
petition, for which, the writ petition stands dismissed.
JUDGE
Comparing Assistant
