Palashjyoti Kaushik and 4 Ors v. The State of Assam and 5 Ors

ORDER Date : 29/01/2024

Heard Mr. S. K. Roy, learned counsel for the writ petitioners. Perused the averments made in the writ petition. It appears that pursuant to an advertisement notice dated 30/12/2018 issued by the authorities for filling of a number of backlog vacancies in the categories of Grade-III and Grade-IV, which were reserved for Persons with Disability (PwD), the writ petitioners herein had submitted their applications and were eventually selected. Their names were accordingly, included in the select list published on 31/01/2023. The petitioners were selected by accepting their "Bench Mark" disability as per the certificate issued by the competent authority. However, subsequent to publication of the select list, the petitioners were once again subjected to scrutiny by a specially constituted Medical Board so as to assess the extent of their disability. Mr. Roy submits that the petitioners have been advised to assail the findings of the Medical Board where there is a difference between the opinion of the special constituted Medical Board with the "Bench Mark" disability certificate issued by the nodal agency. However, since the select list is expiring on 31/01/2024, unless the validity of the select list is extended for a further period of one year, the interest of the petitioners would suffer serious prejudice. Hence, this writ petition Responding to the above, Mr. P.J. Phukan, learned Standing Counsel, Gauhati University, appearing for the respondent no. 6 and Ms. R.M. Deka, learned Standing Counsel, Social Justice and Empowerment, Assam, appearing for the respondent no. 4 and Mr. C.K. S. Baruah, learned Government Advocate, Assam, appearing for the respondent nos. 1, 2, 3 & 5, have all submitted that Page No.# 4/4 if the prayer of the petitioner is only for extending the validity of the select list, they would have no objection to the said prayer, subject to the condition that the order of this Court be confined only to the cases of the 5(five) petitioners herein. Mr. S.K. Roy, learned counsel for the petitioners is also agreeable to such an order. In view of the above, without expressing any opinion on the claims and counter claims of the parties in so far as the "Bench Mark" disability is concerned, this writ petition is being disposed of by providing that the validity of the select list dated 24/01/2023 (Annexure-6) shall stand extended for a further period of 1(one) year with effect from 30/01/2024. However, this order would remain confined to only the five petitioners in present writ petition. With the above observations, the writ petition stands disposed of.

JUDGE sukhamay Comparing Assistant

PageoNo.#o1/4 GAHC010015112024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/412/2024o PALASHJYOTIoKAUSHIKoANDo4oORSo S/O-oLATEoSATYABANoSHARMA,o R/O-oVILLAGEoMAZGAON,oKHARAATI,o P.OoANDoP.S-oTEZPUR,o DIST-oSONITPUR,oASSAM,oPIN-784001 2:oPARTHAoPROTIMoBORUAH oS/O-oSRIoANANDAoBORUAH oR/O-oVILLAGE-oBAHGORAH oP.O-oMEZENGA oP.S-oNAZIRA oDIST.-oSIVASAGAR oASSAM-o785685 3:oPRADIPoKAKATI oS/O-oLATEoTULSHIoKAKATI oR/O-oVILLAGE-oBALIPUKHURIoTINIALI oP.O-oBALIPUKHURIoTINIALI oP.S-oTEZPUR oDIST.-oSONITPUR oASSAM oPIN-o784154 4:oMD.oARMANoALIoAHMED oS/O-oLT.oABDURoRAHMAN oR/O-oVILLAGE-oAMLIPUKHURI oP.O-oJUGIJAN oP.S-oHOJAI oDIST.-oHOJAI oASSAM oPIN-o782429 5:oCHANDANoADHIKARI oS/O-oLT.oBINODEoMOHANoADHIKARI Page No.# 2/4 R/O- VILLAGE- PACHIM AMRAKANDA P.O- GARAJAN BAZAR P.S- RUPAHI DIST.- NAGAON ASSAM PIN- 78212 VERSUS THE STATE OF ASSAM AND 5 ORS REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, ASSAM SECRETARIAT, GUWAHATI-06 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM PERSONNEL DEPARTMENT DISPUR ASSAM SECRETARIAT GUWAHATI-06 3:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM SOCIAL WELFARE DEPARTMENT DISPUR ASSAM SECRETARIAT GUWAHATI-06 4:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT DISPUR ASSAM SECRETARIAT GUWAHATI-06 5:THE STATE LEVEL POLICE RECRUITMENT BOARD ASSAM REP. BY ITS CHAIRMAN / SECRETARY MADHABDEVPUR REHABARI GUWAHATI-08 6:THE GAUHATI UNIVERSITY REP. BY ITS REGISTRAR GOPINATH BORDOLOI NAGAR JALUKBARI GUWAHATI-1 Advocate for the Petitioner : MR. S K ROY Page No.# 3/4 Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM