Page No.# 1/3 GAHC010063852025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1696/2025 MD. ABU SUVAN S/O- LATE ABU SAIM, R/O- VILL. AND P.O. PURANIGUDAM, P.S. SAMAGURI, DIST. NAGAON, ASSAM, PIN- 782141. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FISHERY DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE ADDITIONAL SECRETARY TO THE GOVT. OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI-6. 3:THE DIRECTOR OF FISHERIES MEEN BHAWAN GOPINATH GUWAHATI-16. 4:THE DISTRICT FISHERY DEVELOPMENT OFFICER NAGAON MILANPUR PIN -782001. 5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI-6. 6:THE SECRETARY Page No.# 2/3 ASSAM PUBLIC SERVICES COMMISSION KHANAPARA GUWAHATI-22 Advocate for the Petitioner : MR S P DAS, MS C BORA,MS. S BAISHYA Advocate for the Respondent : GA, ASSAM, SC, FISHERY,SC, APSC BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER 04.04.2025 Heard Mr. S. P. Das, learned counsel appearing for the writ petitioner. Also heard Mr. P. Sharma, learned Standing Counsel, Fisheries Department, Assam appearing for the respondent Nos.1 to 4, Mr. T. C. Chutia, learned Addl. Sr. Govt. Advocate, Assam appearing for the respondent No.5 and Mr. P. P. Dutta, learned Standing Counsel, APSC appearing for the respondent No.6. The writ petitioner herein was working as a Technical Expert in the Fisheries Department during the period from 01.08.2018 to 31.01.2025. On 18.02.2025 the respondent No.6 had issued an advertisement notice for recruitment of 65 nos. of Fishery Development Officer (FDO). The writ petitioner is qualified to apply for the said post. However, in view of the upper age limit of 38 years as on 01.01.2025 fixed by the advertisement, the petitioner’s application submitted OnLine was rejected on account of the fact that he was 42 years 5 months 26 days as on 01.01.2025. The writ petitioner has submitted a representation dated 06.03.2025 before the Additional Secretary, Government of Assam seeking relaxation/ condonation of his upper age so as to enable him to participate in the recruitment process. However, since no action has been taken on the said Page No.# 3/3 representation till date, hence, this writ petition. By referring to Rule 25 of the Assam Fisheries and Aquaculture Service Rules, 2024, Mr. Das submits that there is a provision for relaxation of age and therefore, there was no justification for the authorities not to consider the representation submitted by the petitioner. Mr. Sharma, learned departmental counsel has confirmed that the representation submitted by the writ petitioner has not yet been disposed of. Since there is a provision in the Rules of 2024 for relaxation of operation of the Rules under which the recruitment process is to be carried out if the Government is satisfied that undue hardship is caused in any particular case and considering the fact that the petitioner has also submitted a representation, hence, there can be no justification for the authorities not to consider his prayer in accordance with law and dispose of the representation without any delay. In view of the above, without expressing any opinion on the merit of the claim made by the petitioner, this writ petition is being disposed of with a direction upon the respondent Nos.1 and 2 to consider the representation submitted by the petitioner and dispose of the same by a reasoned order within two weeks from the date of receipt of a certified copy of this order. With the above observation, the writ petition stands disposed of. JUDGE Comparing Assistant