Dhananjay Ray and 12 Ors v. The State of Assam and 3 Ors

ORDER

13.10.2023

Heard Shri Rupak Dhar, learned counsel for the petitioners. Also heard Shri S.R. Baruah, learned State Counsel and Shri P.J. Phukan, learned Standing Counsel, Gauhati University. The case projected is that a recruitment process was initiated vide an advertisement dated 30.12.2018 for various post and the petitioners claim to be belonging to the PwD category. It is the case of the petitioners that though E-Admit Cards were issued to them, they were not allowed to sit for the examination and accordingly, this writ petition has been filed with the following prayer: "(i) Directing the Respondent authorities to call for interview of the petitioners in pursuance to the E-Admit Cards issued to the petitioners by the respondent No. 4 as out of 513 posts only 354 Grade IV posts were filled up and remaining 190 posts are yet to be filled up by the respondent authorities.

(ii) To grant any other relief(s) to which the petitioners are entitled."

Shri Baruah, the learned State Counsel however submits that the examination was held in February, 2021 and the present writ petition has been filed more than 2 ½ years thereafter. He accordingly submits that no effective relief can be granted to the petitioner. Page No.# 5/5

Shri Phukan, the learned Standing Counsel endorses the submission of Shri Baruah, the learned State Counsel.

While this Court is of the view that there could have been a cause of action, any attempt to examine the same which is been raised after a period of more than 2 ½ years could not lead for granting any effective relief to the petitioners. The examination being held in some time in February, 2021 for the recruitment process has culminated in appointments which are not liable to be disturbed at this point of time. Shri Dhar, the learned counsel submits that there are still many vacancies which can be filled up. This Court is however of the opinion that within the stand of this period, there would be many other eligible candidates in the category of the petitioners and directing consideration of the cases of only the petitioners would result in deprivation of those candidates who are now eligible.

In view of the above this writ petition is closed.

It however observed that in any ensuing recruitment, the cases of the petitioners would be considered in accordance with law. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010225082023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6028/2023o DHANANJAYoRAYoANDo12oORS.o S/OoTIPENDRAoNATHoRAY,oR/OoVILL-KHEKESHIALLY,oP.O.-DEBOTTARo HASDAHA,oP.S.-GOLAKGANJ,oDIST-DHUBRI,oASSAM,oPIN-783334 2:oCHANDoTARAoKHATUN oD/OoSAMAIMoHUSSAIN oR/OoKUMARoPATTYoWARDoNO.o10 oDIST-oDHUBRI oASSAM oPINo783331 3:oSMTI.oSUJILAoBARMAN oD/OoMANIKoUDDIN oR/OoVILL-THARUARoCHARoPARTo(II) oDIST-DHUBRI oASSAM oPIN-783331 4:oMAHAMADULoHUSSANoPRODHANI oS/OoSOLOWARoALIoPRODHANI oR/OoVILL-oNALIA oP.O.-DIMAKURI oP.S.-GOLAKGANJ oDIST-oDHUBRI oASSAM oPIN-783334 5:oMOFIZULoISLAM oS/OoSERAJoUDDINoSHEIKH oR/OoVILL-BALAJANoPT.oII oP.O.-SAHEBGANJ oP.S.-GAURIPUR oDIST-DHUBRI oASSAM PageoNo.#o2/5 oPIN-783331 6:oRAJIVoKR.oROY oS/OoLATEoKAMALAoKANTAoRAY oR/OoVILLoANDoP.O.-MADHUSOULMARI oP.S.-GAURIPUR oDIST-DHUBRI oASSAM oPIN-783331 7:oAKULoCH.oROY oS/OoHARADHANoROY oR/OoVILL-oNALIAo(PT-II) oP.O.-DIMAKURI oP.S.-GOLAKGANJ oDIST-DHUBRI oASSAM oPIN-783334 8:oSMTI.oPRANITAoNATH oD/OoLATEoSURENoNATH oR/OoVILLoANDoP.O.-GALIA oDIST-BARPETA oASSAM oPIN-781352 9:oPABITRAoADHIKARY oS/OoLT.oKARENDRAoNATHoADHIKARY oR/OoVILL-oSUKHANTIKHATA oP.O.-RUPSHI oP.S.-GAURIPUR oDIST-DHUBRI oASSAM oPIN-783331 10:oSMTI.oTINAoDAIMARI oD/OoUMESHoDAIMARI oR/OoVILL-KAHIBARI oP.O.oANDoP.S.-UDALGURI oASSAM oPIN-784509 11:oGUDDUoKHAN oS/OoSAMSULoKHAN oR/OoVILL-NATUNPAM oP.O.-SIRAJULI oP.S.-DHEKIAJULI oDIST-SONITPUR Page No.# 3/5 ASSAM PIN-784117 12: SMTI. BINEETA MEDHI D/O LATE KHAGENDRA MEDHI R/O VILL-CHAULIABARI P.O.-KARDAI GURI P.S.-PATACHARKUCHI DIST-BARPETA ASSAM PIN-781318 13: KUMUD RABHA S/O LATE DEWBAR REABHA R/O VILL-PACHIM BHAIRAGURI P.O.-NALKAMARS P.S.-UDALGURI DIST-UDALGURI ASSAM PIN-78950 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SOCIAL WELFARE, DISPUR, GUWAHATI-6 2:THE COMMISSIONER OF PERSONS WITH DISABILITIES ASSAM LATAKATA BASISTHA GUWAHATI-29 3:THE DIRECTOR SOCIAL WELFARE ASSAM UZANBAZAR GUWAHATI-1 4:THE GAUHATI UNIVERSITY REPRESENTED BY THE REGISTRAR JALUKBARI GUWAHATI-14 DIST- KAMRUP (M) ASSA Advocate for the Petitioner : MR R DHAR Advocate for the Respondent : GA, ASSAM Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI