WP(C) 4088/2010 BEFORE HON’BLE MR JUSTICE I A ANSARI Pursuant to an advertisement, dated 01.01.2010, inviting applications for the po sts of Sub-Inspector of Police (UB), Assam, the petitioner, who is a Sub-Inspect or of Police (Wireless-Technician/APRO), has also applied, but, as he had not re ceived any letter calling him to appear in the written test, which is scheduled to be held on 01.08.2010, the petitioner came to this Court seeking, with the he lp of the present writ petition, made under Article 226 of the Constitution of I ndia, appropriate directions to be issued to the respondents to allow the petiti oner to appear in the said written test. Heard Ms. B. Bhuyan, learned counsel for the petitioner, and Mr. B. J. G hosh, learned Government Advocate, appearing on behalf of the respondents. On instructions received from the respondents, Mr. B. J. Ghosh, learned Government Advocate, has, however, pointed out that the petitioner is over aged and his case cannot, therefore, be considered for appointment to the said post i nasmuch as the upper age limit, for a departmental candidate, to appear in the s aid examination, is 32 years; whereas the petitioner is presently older than 33 years. It has been submitted, on behalf of the petitioner, that the petitioner has alre ady made a representation, on 30.07.2010, addressed to the respondent No. 4, nam ely, Inspector General of Police (Administration), Assam, seeking relaxation of his upper age limit so as to enable him to appear in the said examination. But, because of paucity of time, no order has been passed on the said representation made by the petitioner. Considering, therefore, the matter in its entirety and in the interest of justic e, this writ petition is closed with direction to the respondents to allow the p etitioner to appear in the written test, which is scheduled to be held on 01.08. 2010. If the respondents relax the upper age limit of the petitioner, as has be en sought for by him, the petitioner’s answer script may evaluated for the purpo se of taking further action in accordance with law. If, however, the respondent s consider not to condone the upper age limit of the petitioner, his answer scri pt shall not be evaluated. Whatever decision is required to be taken on the pet itioner’s said application, seeking relaxation of upper age limit, shall be take n by the respondents within a period of two weeks from today, and their decision shall be communicated, in writing, to the petitioner. If the petitioner feels aggrieved by the decision of the respondents, the petitioner shall remain at lib erty to take recourse to such provisions of law as may be permissible. With the above observations and directions, this writ petition shall sta nd disposed of. Furnish a copy of this order to the learned Government Advocate.