WP(C) 5936/2010 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY This pertains to the second advertisement dated 22.10.2010(Anneu xre-11) issued by the Principal of Melamora Junior College, Golaghat for appoint ment of lecturer in Mathematics in the said college. 2) Earlier the petitioner responded to the first advertisement date d 11.08.2010 (Annexure-1) and after selection was empanelled in the first positi on in a list of three candidates, as per the Resolution dated 08.09.2010(Annexur e-7). 3) But since the process of selection did not lead to appointment a nd the college authorities issued a second advertisement for the post, the petit ioner being aggrieved has filed the present petition. 4) In the counter affidavit filed by the Chairman of the governing body of the college, it is reflected that the petitioner was considered to be ov er-aged by some of the members of the governing body and accordingly a decision was taken for re-advertisement of the post without appointing anyone in pursuant to the previous selection. 5) Similarly, the Principal in his counter affidavit avers that alt hough the petitioner had furnished an age condonation certificate issued by the Secretary of Education (Secretary) department dated 20.08.2010, the members of t he governing body over-looked the condonation certificate and accordingly the di rection was issued by the governing body to the Principal to re-advertise the po st. 6) I find that the condonation certificate was given on 20.08.2010 (Annexure-5) by the Government to enable the petitioner to apply for the post un der the Education (Secondary) department and age relaxation was considered on th e basis of the Government Memorandum dated 04.01.1992 which enhances the age lim it for recruitment from 40 to 45 years. As the petitioner, at the time of selec tion was 41 years, he was within the permissible age limit of recruitment as per O.M. dated 04.01.1992 (Annexure-6) issued by the Govt. of Assam. Therefore, s ince relaxation of age was already granted to him, I see no justification for co nsidering the candidature of the petitioner to be invalid for being over-aged. 7) Accordingly, I am inclined to direct the respondents to take int o account the age condonation certificate dated 20.8.2010 granted to the petitio ner and thereafter to proceed to finalise the appointment to the post of Lecture r in Mathematics in the Melamora Junior College, Golaghat, in pursuant to the ad vertisement dated 11.08.2010. It is ordered accordingly. 8) Since this Court has stayed the second advertisement, it needn’t be acted upon at this stage. 9) The writ petition stands disposed of with the above order.