Robin Chandra Bora and 7 Ors v. The State of Assam and 5 Ors

ORDER

26.02.2024.

Heard the learned counsel for the parties. The petitioners have preferred the instant writ petition seeking a similar order as passed in Writ Appeal Nos. 158/2002 and Writ Appeal No. 159/2002 inasmuch as it is the case of the petitioners that the petitioners are similarly situated as those appellants in the writ appeals. By a Judgment and Order dated 19.10.2012, passed in Writ Appeal No. 357/2009, this Court provided that the appellants/surveillance Workers in Nagaon and Morigaon district be permitted to participate in a selection process for Surveillance Worker which was the subject matter of this writ petition that may be conducted by the respondent authorities. It was further provided in the said order that in the event, Page No.# 4/4 those appellants are found to be overaged, necessary relaxation may be granted. A further direction was issued that such selection process should be completed within a period of four months from passing of the order in writ appeal. It was also provided that the appellants shall not be disqualified, if they do not possess the Higher Secondary qualification as per the 2006 orders. It is submitted by the learned counsel for the petitioners that subsequently, a selection process was initiated, the petitioners also participated in the selection, however, they were not selected. The learned counsel further submits that the selection process was not at all in conformity with law and they are desirous of challenging such order. Accordingly, the learned counsel for the petitioners submits that this writ petition may be closed as already the order passed in Writ Appeal has been complied with and the petitioners have been allowed to participate in the selection process during the pendency of the writ petition, however, with a liberty to challenge the subsequent selection process wherein they had participated but got unsuccessful. Mr. B. Gogoi, learned Standing Counsel for the Health and Family Welfare Department has also not objected to such prayer. Considered the submissions of the learned counsel of both the parties. As the petitioners were allowed to participate in the subsequent selection process, the primary grievance of the writ petitioners had already been redressed. Accordingly, this writ petition stands closed on being infructuous. However, the petitioners shall be at liberty to assail the selection process, if so advised. This writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010144662021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4767/2021o ROBINoCHANDRAoBORAoANDo7oORS.o S/OoLT.oNOBINoCHANDRAoBORA,oR/OoVILL-KHUTIKATIA,oNEARoBAR- NAMGHAR,oWARDoNO.o19,oP.O.-HAIBORGAON,oDIST-NAGAON,oASSAM,o PIN-782002 2:oBHUPENoBORA oS/OoSURENoBORA oR/OoVILL-DOOMDOMIA oP.O.-EALISATIA oDIST-NAGAON oASSAM oPIN-782122 3:oGAUTAMoSAIKIA oS/OoLT.oPURNAoKT.oSAIKIA oVILL-JURIAoTELIABEDEJIAoBAMUNGAON oP.O.oANDoP.S.-JURIA oDIST-NAGAON oASSAM oPIN-782124 4:oJAYANTAoKR.oBATTACHARJYA oS/OoLT.oTANKESWARoBATTACHARJYA oR/OoAKROUHIoCHOK oP.O.-JAKHALABANDHA oP.S.-KOLIABOR oDIST-NAGAON oASSAM oPIN-782136 5:oNIPONoMODOI oS/OoSRIoTANUoRAMoMODOI oVILL-CHOULoKHOWA oP.O.-CHAKALAoGHAT PageoNo.#o2/4 oP.S.-JAJARI oDIST-NAGAON oASSAM oPIN-782142 6:oCHANRDAoKUMARoBORA oS/OoHOMESWARoBORA oVILL-KOTHIATOLI oP.O.-KOTHIATOLI oDIST-NAGAON oASSAM oPIN-782427 7:oPURNAoBORKAKATI oS/OoLT.oDUMBARoBORKAKATI oVILL-WESToSALMARA oP.S.-RAHA oDIST-NAGAON oASSAM oPIN-782013 8:oGANESHoCHANDRAoHAZARIKA oS/OoSRIoKINAoRAMoHAZARIKA oVILL-KARCHUNGoSOTRO oP.S.-JAJORI oDIST-NAGAON oASSAM oPIN-78200o VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o TOoBEoREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oHEALTHoANDoFAMILYoWELFAREo DEPARTMENT,oDISPUR,oGUWAHATI-6 2:THEoDIRECTORoOFoHEALTHoSERVICE oASSAM oHENGRABARI oGUWAHATI-36 3:THEoJOINToDIRECTORoOFoHEALTHoSERVICES oNAGAONoDISTRICT oASSAM 4:JOINToDIRECTORoOFoHEALTHoSERVICESo(MALARIA) oASSAM oSAIKIAoCOMMERCIALoCOMPLEX Page No.# 3/4 G.S. ROAD GHY-5 5:SUB-DIVSIONAL MEDICAL AND HEALTH OFFICER JAKHALABANDHA PHC DIST-NAGAON ASSAM PIN-782136 6:SUB-DIVISIONAL MEDICAL AND HEALTH OFFICER LANKA PHC (NAGAON) DIST-NAGAON ASSAM PIN-78244 Advocate for the Petitioner : Mr M U Ahmed Advocate for the Respondent : SC, HEALTH AND F W BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY