Basanta Boruah v. The State of Assam and 7 Ors

ORDER Date : 12.02.2024

Heard Mr. N. Sarma, learned counsel for the petitioner. Also heard Mr. A. Chakravarty, learned Govt. Advocate for the respondent No.1; Mr. B. Choudhury, learned standing counsel, SLRC for the respondent No.2; Ms. D. Bora, learned standing counsel, Health Department for the respondent Nos. 3 to 6 and Mr. T. Thakuria, learned standing counsel, School Education Department for the respondent Nos. 7 and 8.

¶2The petitioner is holding a Disability Certificate issued by Competent Authority under the Department of Social Justice and Empowerment, Government of India indicating the degree and nature of his disability. According to the Certificate, the petitioner meets the bench mark disability with 40 % disablement thus making him eligible to seek Government employment as a Page No.# 3/3 candidate belonging to the Persons with disability (PwD) category.

¶3Pursuant to an Advertisement which was published on 25.03.2022, issued by the Secretary, State Level Recruitment Commission for Class-IV posts, the petitioner applied for the Grade-IV post under the PwD category. The petitioner participated in the recruitment process and was selected under the Secondary Education Department. Thereafter, by a notice which was published on

17.05.2023, petitioner was directed to appear before the Medical Board at the Gauhati Medical College & Hospital for necessary medical examination. The petitioner accordingly appeared before the Medical Board on the date fixed as directed by the notice which was published on 12.05.2023.

¶4Grievance of the petitioner before this Court is that the result of the medical examination which was held pursuant to the notice which was published on 12.05.2023 is yet to be disclosed to the petitioner.

¶5Considering 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 Social Justice and Empowerment by filing a fresh writ petition, if so advised.

¶6With the above observations and directions, writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010201812023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5280/2023o BASANTAoBORUAHo SONoOFoLATEoAMULYAoBORUAH,o VILLAGE-o1oNO.oGHILAMARA,o P.O.-oGHILAMARA,oP.S.-oGHILAMARA,o DISTRICT-oLAKHIMPUR,oASSAM,o PIN-o787053. VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM,o PERSONNELoDEPARTMENT,oDISPUR,o GUWAHATI-o781006. 2:THEoSTATEoLEVELoRECRUITMENToCOMMISSIONo(SLRC)oFORoCLASSoIVo POSTS oREPRESENTEDoBYoITSoSECRETARY oASSAMoADMINISTRATIVEoSTAFFoCOLLEGE oJAWAHARNAGAR oKHANAPARA oGUWAHATI-o781022. 3:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oMEDICALoEDUCATIONoDEPARTMENT oDISPUR oGUWAHATI-o781006. 4:THEoDIRECTORoOFoMEDICALoEDUCATION oASSAM oSIXoMILE oKHANAPARA oGUWAHATI-o781022. 5:THEoPRINCIPAL-CUM-CHIEFoSUPERINTENDENT oGAUHATIoMEDICALoCOLLEGEoANDoHOSPITAL Page No.# 2/3 GUWAHATI- 781032. 6:THE JOINT DIRECTOR OF HEALTH SERVICES-CUM-CHAIRMAN DISTRICT MEDICAL BOARD LAKHIMPUR NORTH LAKHIMPUR ASSAM PIN- 787001. 7:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI- 781006. 8:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019 Advocate for the Petitioner : MR N SARMA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR