Page No.# 1/5 GAHC010040732026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1188/2026 DR MANIR UDDIN DEWAN S/O LATE ABDUL AZIZ DEWAN, R/O HOUSE NO. 10, PHOOL PAHI PATH, NORTH JALUKBARI, P.O- GAUHATI UNIVERISTY, P.S- JALUKBARI, PIN- 781014, DIST- KAMRUP(M), ASSAM VERSUS THE STATE OF ASSAM AND 10 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. ASSAM, HEALTH AND FAMILY WELFARE(A) DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM MEDICAL EDUCATION AND RESEARCH DEPARTMENT DISPUR GUWAHATI-6 3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM MEDICAL EDUCATION AND RESEARCH DEPARTMENT DISPUR GUWAHAT-6 4:THE SECRETARY TO THE GOVT OF ASSAM MEDICAL EDUCATION AND RESEARCH DEPARTMENT DISPUR GUWAHATI-6 5:THE MEDICAL AND HEALTH RECRUITMENT BOARD ASSAM ACMR BUILDING NEAR OFFICE OF THE DME SIX MILE Page No.# 2/5 KHANAPARA GUWAHATI-22 REPRESENTED BY ITS SECRETARY 6:THE SECRETARY MEDICAL AND HEALTH RECRUITMENT BOARD ASSAM ACMR BUILDING NEAR OFFICE OF THE DME SIX MILE KHANAPARA GUWAHAT-22 7:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM HEALTH AND FAMILY WELFARE(B) DEPARTMENT DISPUR GUWAHATI- 6 8:THE JOINT SECRETARY TO THE GOVT OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI-6 9:THE DIRECTOR OF AYUSH ASSAM DISPUR GUWAHATI-6 10:THE GOVERNMENT AYURVEDIC COLLEGE HOSPITAL JALUKBARI GUWAHATI- 14 REPRESENTED BY ITS PRINCIPAL 11:THE PRINCIPAL GOVERNMENT AYURVEDIC COLLEGE HOSPITAL JALUKBARI GUWAHATI-1 Advocate for the Petitioner : MR. A SARMA, L SANGTAM,MR. W RAHMAN,MR. K KALITA,MS G SWAMI Advocate for the Respondent : SC, HEALTH AND F W, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA Page No.# 3/5 ORDER 27.02.2026 Heard Mr. A Sarma, learned counsel for the petitioner. 2. The petitioner is working as a Medical Officer (Ayur) posted at Government Ayurvedic College, Guwahati under the attachment of Assistant Professor, Department of Kayachakitsa, Government Ayurvedic College, Guwahati. 3. In response to the advertisement No. MHRB/70/GAC/Asst. Prof/2025/4748 dated 11th December, 2025 whereby one post of Assistant Professor (Ayurveda) in the Department of Kayachakitsa inter alia was advertised, the petitioner applied for the said post. In the said advertisement initially the upper age limit was fixed as 38 years, subsequently, by a corrigendum dated 28.01.2026, it was further increased to 45 years. The petitioner meets all the other criteria, however, as on 01.01.2025, the petitioner was 47 years 11 months. Therefore he submitted a representation dated 30.12.2025 before the authorities seeking condonation of his upper age limit. The matter is presently under consideration and communications are exchanged between the Director of Ayush and the Department of Medical Education and Research Department that steps may be taken for relaxation of his over age enabling him to apply for and selected in the said post. 4. The learned counsel for the petitioner submits that while the application was required to be made through online process but by virtue of the fact that he was over-aged, his application was not accepted in the online mode. Therefore, he submitted his application physically within the stipulated time. Now the date for interview is fixed on 02.03.2026 and the list of shortlisted candidates for the post of Assistant Professor (Ayurveda), Department of Kayachakitsa in which the petitioner was applied for, does not include the name of the writ petitioner. Being aggrieved, the petitioner is before this Court. The Page No.# 4/5 prayer of the writ petitioner is to permit him to appear in the interview pending consideration of his application seeking condonation of his upper age limit in order to make him eligible for appearing in the interview. As on date, by his application for condonation of the upper age limit is under consideration by the department but no orders have been passed either granting it or rejecting it. Under such circumstances, his prayers before this Court is to permit him to appear in the interview scheduled to be held on 02.03.2026 5. Mr. B.P Borah, learned Standing Counsel, Health Department submits that at this stage he has no instructions. He however, submits that his application for appearing in the interview may be considered making it subject to such order(s) as may be passed by the department on his application for condoning his upper age limit. 5. Considering the submissions made, this Court considers it appropriate to dispose of the writ petition at this stage without issuing notice with the following order: (i) The writ petitioner will be permitted to appear in the interview schedule to be held on 02.03.2026 for selection and appointment to the post of Assistant Professor (Ayurveda), Government Ayurvedic College and Hospital, Guwahati in the Department of Kayachakitsa along with other eligible candidates. (ii) In the event the petitioner is shortlisted for the post, the same shall however, be subject to such order(s) as may be passed by the Department regarding the prayer for relaxation of the upper age limit made by the writ petitioner. (iii) The Government will endeavor to pass appropriate order(s) on his application seeking relaxation of his upper age limit as expeditiously as Page No.# 5/5 possible. (iv) If the petitioner is shortlisted as a candidate in the interview scheduled to be held on 02.03.2026 for the said post, the same shall be made subject to the outcome of any such decision of the Government may pass regarding relaxation of the upper age limit as prayed for by the petitioner. 6. The writ petition stands disposed of in terms of the above. 7. Needless to say if the petitioner is aggrieved by any such order rejecting his prayer for condonation of upper age limit, the petitioner will have liberty to approach this Court. 8. Copy of this order be marked to the Office of the Standing Counsel, Health Department for onward communication to enable the petitioner to appear in the interview scheduled to be held on 02.03.2026. JUDGE Comparing Assistant