Page No.# 1/4 GAHC010291642023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7532/2023 AMULYA DHAN ROY S/O- JITENDRA CHANDRA ROY, R/O- VILLAGE SANKARPARA, P.O- CHITHILA, P.S- FAKIRAGRAM, DIST- KOKRAJHAR (BTR), ASSAM, PIN-783354 VERSUS THE GAUHATI HIGH COURT AND 2 ORS REPRESENTED BY THE REGISTRAR GENERAL, GAUHATI HIGH COURT, GUWAHATI, ASSAM, PIN- 781001. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM DISPUR GUWAHATI PIN- 781006. 3:THE DISTRICT AND SESSIONS JUDGE KOKRAJHAR COURT- PARA WARD NO. 10 P.O. AND P.S. KOKRAJHAR DIST- KOKRAJHAR ASSAM PIN- 783370 For the petitioner (s) : Mr. A. A. Dewan, Advocate Page No.# 2/4 For the respondent (s) : Mr. N. K. Sarma, Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 27.01.2025 Heard Mr. A. A. Dewan, the learned counsel appearing on behalf of the petitioner. Mr. M. K. Sarma, the learned counsel appears on behalf of the Gauhati High Court. 2. The petitioner herein has assailed the order dated 13.10.2023 whereby the petitioner’s services were terminated with immediate effect by the District & Sessions Judge, Kokrajhar. The reason for terminating the services of the petitioner is that the petitioner was not eligible in terms with the advertisement dated 20.02.2023. 3. This Court has duly taken note of the Notification No.43 dated 20.02.2023 wherein an advertisement was issued for filling up the post of a Peon (Grade-IV) in the establishment of the District & Sessions Judge, Kokrajhar. Amongst the eligibility criteria which have been set out in the said advertisement, it was categorically mentioned that the candidates applying for the post of Peon must have passed Class-VIII, but candidates who have passed Class-XII and above, shall not be eligible for the said Page No.# 3/4 post. In addition to that, it was also mentioned that any such application not conforming to the prescribed educational criteria shall automatically stand cancelled. Further to that, the applicant had to produce a self-declaration certificate along with the application form mentioning that he/she had not passed the HSSLC or equivalent examination or above. 4. The petitioner thereupon submitted his application for the said post wherein he made a statement that he had not passed the HSSLC or equivalent examination or above. On the basis thereof, the petitioner was selected and appointed to the post of the Peon vide an order dated 13.07.2023. 5. Subsequently, on receipt of certain complaints, it came to light that the petitioner had passed the Bachelor of Arts (BA) Degree from Swami Yogananda Giri College in the year 2017 vide Roll Code A.14359, No.0128. Thereafter, the petitioner was asked to submit an explanation. The petitioner had submitted his reply to the show cause on 12.10.2023 wherein he did not deny that he was over qualified. It is under such circumstances, the impugned order was passed on 13.10.2023. 6. This Court having been taken into account that the petitioner was not eligible as per the advertisement, does not find any infirmity in the order dated 13.10.2023 issued by the Page No.# 4/4 District & Sessions Judge, Kokrajhar thereby terminating the services of the petitioner with immediate effect. 7. Under such circumstances, this Court does not find it a fit case for exercise of its writ jurisdiction for which the instant writ petition stands dismissed. JUDGE Comparing Assistant