Hemanta Sarma v. The State of Assam and Ors

ORDER Date : 19-06-2023 Heard Mr. Z. Hussain, the learned counsel appearing on behalf of the Petitioner. Mr. B. Gogoi, the learned Standing Counsel appears on behalf of the Health Page No.# 3/4 Department and Mr. A. Deka, the learned counsel appears for the Respondent Nos. 7 and 8.

¶2The instant writ petition has been filed challenging the appointment of the Respondent Nos. 7 & 8 vide the orders dated 31/7/2010 enclosed as Annexure-15 and Annexure-16 to the writ petition.

¶3From a perusal of the writ petition, it transpires that the allegations made are two fold. The first, is that in terms with the advertisement dated 17/6/2010, the minimum qualification required for selection to the posts of LDA/Gr. IV is that the candidates should be Higher Secondary passed or equivalent with certificate in typing/computer typing. It is the case of the Petitioner that the Petitioner has passed his Higher Secondary and has certificate both typing as well as computer typing whereas the Respondent Nos. 7 & 8 have passed Higher Secondary but have certificate only in computer typing.

¶4The second allegation is that the Respondent No. 3, who is the father of the Respondent No. 7 had influenced the Respondent No. 6 in terms with the impugned order.

¶5Taking into account the said allegations, this Court finds it relevant to take note of the affidavit-in-opposition filed by the Respondent No. 1 wherein it appears that the merit positions of the Respondent Nos. 7 & 8 were at Serial Nos. 1 and 2 whereas the merit position of the Petitioner was at Serial No. 26. Further to that, a perusal of the advertisement makes it clear that the minimum qualification is Higher Secondary or equivalent with certificate in typing/computer typing meaning thereby that candidate should have a certificate in typing or computer typing and should pass the Higher Secondary or equivalent. Taking into account the above, this Court is of the opinion that the first allegation alleged in the writ petition is totally misconceived.

¶6As regards the second allegation, this Court finds it relevant to take note of the affidavit-in-opposition (Annexure-A) filed by the Respondent No. 1 wherein the Page No.# 4/4 Selection Committee comprised of the Officer on special duty as the Chairman, the Joint Director of Medical Education, Assam as the Member Secretary and the Superintendent of the Office of the Director of Medical Education, Assam as the Member. Taking into account that the Respondent No. 3 was not a part of the Selection Committee, this Court is of the opinion that the second allegation so made in the writ petition is also misconceived and unfounded.

¶7Accordingly, this Court does not find any merit in the instant petition for the writ petition stands dismissed.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010004672011 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1684/2011o HEMANTAoSARMAo S/OoLT.oGOBINoSARMA,oVILL.oBARDOLONIoKALITAoGAON,oP.O.o BARDOLONI,oP.S.oDHAKUAKHANA,oDISToDHEMAJI,oPRESENTLYoRESIDING C/OoPRAFULLAoENCLAVEoFLAToNO.o4/G2,oNAMGHARoPATH,oPANJABARI,o GUWAHATI,oP.S.SATGAON,oDISToKAMRUPoM,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoORSo REP.oBYoITSoCOMMISSIONERoANDoSECY,oGOVToOFoASSAM,oHEALTHoANDo FAMILYoWELFAREo,oDISPUR,oGHY-6 2:THEoCOMMISSIONERoANDoSECY oGOVToOFoASSAM oFINANCEoDEPTT oDISPUR oGHY-6 3:THEoJT.SECY oGOVT.OFoASSAM oHEALTHoANDoFAMILYoWELFAREoDEPTT oDISPUR oGHY-6 4:THEoDIRECTORoOFoMEDICALoEDUCATIONoDME oASSAMo oSIXoMILE oKHANAPARA oGHY-22 5:THEoJT.oDIRECTORoOFoMEDICALoEDUCATION Page No.# 2/4 ASSAM SIX MILE KHANAPARA GHY-22 6:THE CHAIRMAN REP. BY ITS SELECTION COMMITTEE FOR THE POST OF LDA UNDER THE ESTABLISHMENT OF DIRECTOR OF MEDICAL EDUCATION ASSAM CUM OFFICER ON SPECIAL DUTY OFFICE OF THE DIRECTOR OF MEDICAL EDUCATION ASSAM SIX MILE KHANAPARA GHY-22 7:RAJIB SINGH S/O BIMAL SINGH R/O 12-A KARMABIR BARDOLOI PATH WIRELESS DISPUR RUKMININAGAR GHY-6 8:NITUMONI BHUYAN D/O PRADIP BHUYAN VILL TELIA BEBEJIA P.O. JURIA DIST NAGAON ASSA Advocate for the Petitioner : MR.M HAQUE Advocate for the Respondent : MR.A DEKA BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH