Altaf Hussain Barbhuiya v. The State of Assam and 6 Ors

ORDER Date : 08.09.2023

Heard Mr. K.A. Mazumder, learned counsel for the petitioner and Ms. N. Phukan, learned counsel for the respondents No. 1 and 4, being the authorities Page No.# 3/4 in the Elementary Education Department of the Government of Assam. Also heard Mr. A. Chaliha, learned counsel for the respondents No. 2, 3 and 7, being the being the authorities in the Health Department. None appears for the respondents No. 5 and 6.

¶2The petitioner Altaf Hussain Barbhuiya participated in a selection process for Grade-IV post as per the advertisement dated 25.03.2022. In the said selection process, the petitioner offered his candidature under the persons with disabilities quota. As per the order dated 30.05.2023 of the Director of Elementary Education, Assam, the name of the petitioner finds place in the select list. Under the rules, there was a requirement for the petitioner to be placed before a medical board to be constituted by the Health Department to assess his disability. But in the list that was forwarded to the Health Department of the selected candidates for undergoing the medical examination, the name of the petitioner is stated to have not found its place. Accordingly, the petitioner was not subjected to a medical assessment and therefore no appointment had been issued in his favour.

¶3In the aforesaid circumstance, this writ petition is instituted.

¶4By the order dated 21.08.2023 in WP(C) No. 4548/2023 of this Court, there was a direction to place the petitioner before an appropriate medical board for assessment of his disability. Pursuant thereto, a medical report has been produced before the Court dated 28.08.2023 of the Principal-cum-Chief Superintendent of Gauhati Medical College and Hospital which provides that the locomotor disability of the petitioner was assessed to be 45% due to Limb Girdle Muscular Dystrophy.

¶5As the petitioner in the meantime had been subjected to a medical board and his disability had been assessed, we remand the matter back to the Director Page No.# 4/4 of Elementary Education, Assam for taking appropriate decision on the appointment of the petitioner and in doing so, the medical report dated

28.08.2023 be also taken note of. Writ petition stands disposed of as indicated above. A copy of the medical report dated 28.08.2023 is kept on record. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010174152023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4548/2023o ALTAFoHUSSAINoBARBHUIYAo S/O-oNURULoISLAMoBARBHUIYA,o RESIDENToOFoVILL-oNARAINoPURoPART-II,o P.O.-oCHANDPURoWEST,o P.S.oANDoDISTRICT-oHAILAKANDI,o PIN-o788152,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,o ELEMENTARYoDEPARTMENT,oDISPUR,o GUWAHATI-o781006,oKAMRUP(M),o ASSAM. 2:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oMEDICALoEDUCATIONoRESEARCHoDEPARTMENT oDISPUR oGUWAHATIo781006 o KAMRUP(M) oASSAM. 3:THEoDIRECTORoOFoMEDICALoEDUCATIONoANDoRESEARCHo DEPARTMENT oSIXMILE oKHANAPARA oGUWAHATI-o781022 o KAMRUP(M) oASSAM. Page No.# 2/4 4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 KAMRUP(M) ASSAM. 5:THE JOINT SECRETARY TO THE GOVT. OF ASSAM SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT DISPUR GAUHATI -6. 6:THE SECRETARY STATE LEVEL RECRUITMENT COMMISSION FOR CLASS IV POSTS ASSAM ADMINISTRATIVE STAFF COLLEGE JAWAHAR NAGAR KHANAPARA GAUHATI-22 KAMRUP(M) ASSAM. 7:THE PRINCIPAL CUM CHIEF SUPERINTENDENT GAUHATI MEDICAL COLLEGE AND HOSPITAL GAUHATI-22 KAMRUP(M) ASSAM Advocate for the Petitioner : MR. K A MAZUMDER Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA