Md. Arman Ali Ahmed v. The Union of India and 6 Ors

ORDER 09-02-2024 Heard Mr. S. K. Roy, learned counsel for the petitioner. Also heard Mr. S. S. Roy, learned CGC for the respondent no. 1; Ms. R. Deka, learned counsel appearing on behalf of Mr. R. M. Das, learned Standing Counsel, Department of Social Justice and Empowerment for respondent no. 2, Mr. C. K. S. Baruah, learned Govt. Advocate for respondent no. 3 and Mr. D. Upamanyu, learned Standing Counsel, Health Department for respondent nos. 6 & 7. Ms. M. M. Katoki, learned Standing Counsel, Animal Husbandry and Veterinary Department appears for respondent no. 5 and Mr. J. Rahman, learned counsel appears on behalf of Mr. P. J. Phukan, learned Standing Counsel, Gauhati University/respondent no. 4. The petitioner is holding a disability certificate issued by the competent authority Page No.# 3/3 under the Department of Social Justice and Empowerment, Assam indicating the degree and nature of his disability. According to the certificate, the petitioner meets the bench mark disability criteria of 40% disablement thus making him eligible to seek Government employment as a candidate belonging to the Persons with disability

(PwD) category. Pursuant to an advertisement dated 30.12.2018, issued by the Chairman State Level Police Recruitment Board, Assam for recruitment to different post of Gr-III and IV reserved for Persons with disability (PwD) of different Department under the Govt. of Assam, the petitioner participated in the said recruitment process and was selected under the Animal Husbandry and Veterinary Department. Thereafter by notification dated 19.12.2022, the petitioner was directed to appear before the Medical Board at the Gauhati Medical College and Hospital for necessary medical examination. The petitioner accordingly appeared before the Medical Board as directed by the notification dated 19.12.2022. Grievance of the petitioner before this Court is that the result of the medical examination pursuant to the notification dated 19.12.2022 is yet to be disclosed to the petitioner. Considering the short question involved in the present writ petition, this writ petition is disposed of directing the concerned respondents to communicate the decision of the Medical Board to the petitioner against the post applied by him within a period of 3 (three) weeks from the date of receipt of a certified copy of this order. Liberty is also granted to the petitioner to assail the decision of the Medical Board and/or Department of the Social Justice and Empowerment by filing a fresh writ petition, if so advised. Writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010010702024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/638/2024o MD.oARMANoALIoAHMEDo S/O-oLT.oABDURoRAHMAN,oR/O-oVILL-oAMLIPUKHURI,oPOSToOFFICEo JUGIJAN,oPOLICEoSTATION-oHOJAI,oDISTRICT-oHOJAI,oASSAM,oPIN-o782429 VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REPRESENTEDoBYoTHEoSECRETARY,oMINISTRYoOFoSOCIALoJUSTICEoANDo EMPOWERMENT,oGOVERNMENToOFoINDIA,oSHASTRIoBHAWAN,oNEWo DELHIoDELHI-o110001 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENTo OFoASSAM oDEPARTMENToOFoSOCIALoJUSTICEoANDoEMPOWERMENT oDISPUR oJANATAoBHAWAN oGUWAHATI-6 3:THEoSTATEoLEVELoPOLICEoRECRUITMENToBOARD oASSAM oREPRESENTEDoBYoITSoCHAIRMAN/SECRETARY oREPRESENTEDoBYoITSoCHAIRMAN/SECRETARY oMADHABDEVPUR oREHABARI oGUWAHATI-08 4:THEoGAUHATIoUNIVERSITY oREPRESENTEDoBYoITSoREGISTRAR oGOPINATHoBORDOLOIoNAGAR oJALUKBARI oGUWAHATI-14 Page No.# 2/3 5:THE DIRECTOR ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT ASSAM CHENIKUTHI GUWAHATI-07 6:THE JOINT DIRECTOR OF HEALTH SERVICES HOJJAI DISTRICT- HOJAI ASSAM 7:THE MEDICAL BOARD GAUHATI MEDICAL COLLEGE AND HOSPITAL GUWAHATI-32 ASSA Advocate for the Petitioner : MR. S K ROY Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR