Abhijit Roy v. The State of Assam and 5 Ors

ORDER Date : 04/11/2024

Heard Mr. S. N. Adhyapak, learned counsel for the writ petitioner. Also heard Mr. D.P. Borah, learned Standing Counsel, Health Department, Assam, appearing for the official respondents. It appears that the petitioner herein, had participated in a recruitment process initiated on the basis of the advertisement notice dated 02/11/2018 for filling up a number of Grade-IV posts in the Health Department. After the selection process was concluded, the authorities have apprently made appointment of the successful candidates. The grievance of the petitioner is primarily two folds. Firstly, that the authorities have not declared the result of the selection test, thus, maintaining total non-transparency in the matter. The petitioner has also alleged that some other candidates, who had not faired well in the selection test, have been appointed. Taking note of the stand of the petitioner, this Court had passed order dated 08/09/2023, which is reproduced herein below for ready reference :- Page No.# 3/3 " 08-09-2023 Heard Mr. S.N. Adhyapak, learned counsel for the petitioner. Also heard Mr. D.P. Borah, learned Sanding Counsel, Health Department. List the matter after 1 (one) week enabling Mr. D.P. Bora, learned Standing Counsel, Health Department to produce the marks obtained by Roll Nos.93101742, 93300072, 93300247, 93301215, 93301247, 93302327 and 93200074. This direction was issued by this Court on 01.12.2021 also. Accordingly, list the matter on 21.09.2023."

Thereafter, the learned departmental counsel has produced the mark-sheets of all the candidates mentioned in the order dated 08/09/2023 wherefrom, it appears that the petitioner had failed in the selection test. Not only that, the other candidates, against whom allegations have been made without, however, making them parties to the writ petition, had also failed. Therefore, the allegations made in the writ petition have turned out to be factually incorrect. If that be so, this Court is of the opinion that no live issue arises in this case that calls for adjudication by this Court. At this stage, Mr. Adhyapak submits that the application filed by his client under Right to Information Act, 2005 has not been properly responded to till date. Even if such an allegation turns out to be correct, even than, the petitioner has statutory remedy which he can avail. As such, the writ petition will not be maintainable merely on such count. With the above observation, the writ petition stands disposed of as not maintainable.

JUDGE Sukhamay

Comparing Assistant

PageoNo.#o1/3 GAHC010164742021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6333/2021o ABHIJIToROYo C/OoDILIPoBORA,oHOUSEoNO.o517,oPRAGATIoNAGAR,oSAKIALCHUK,oP.O.o DERGAON,oDIST.oGOLAGHAT,oASSAM,oPINo785614 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.oOFo ASSAM,oHEALTHoDEPTT.,oDISPUR,oGHYo6 2:THEoDIRECTORoOFoHEALTHoSERVICESo(FW) oASSAM oSWASTHYAoBHAWAN oHENGRABARI oGHYo36 3:THEoDIRECTORoOFoMEDICALoEDUCATION oASSAM oSIXMILE oGHYo22 4:THEoCONTROLLERoOFoEXAMINATIONoCUMoMEMBERoSECY. oDIRECTORoOFoMEDICALoEDUCATION oASSAM oSIXMILE oGHYo22 5:THEoJOINToDIRECTORoOFoHEALTHoSERVICESo(SPIO) oASSAM oSWASTHYAoBHAWAN Page No.# 2/3 HENGRABARI GHY 36 6:THE DEPUTY DIRECTOR OF MEDICAL EDUCATION ASSAM SIXMILE GHY 2 Advocate for the Petitioner : MR. N HOSSAIN, MR S N ADHYAPAK,MS B DAS,MR F HAQUE,MR. A R KHAN,MR. A R SIKDAR,MR. M MANDAL Advocate for the Respondent : SC, HEALTH, BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM