Dr. Jyoti Gogoi v. The State of Assam and 8 Ors

ORDER Date : 24.06.2024

Heard Ms. R. Devi, learned counsel for the petitioner, and Mr. D. Upamanyu, learned standing counsel, Health & Family Welfare Department.

Mr. Upamanyu, learned standing counsel, Health & Family Welfare Department, has submitted that an additional affidavit on behalf of the said respondents have been filed in the matter today and therein, it is contended that the GMCH authorities on a re-evaluation of the petitioner, has come to a conclusion that the disability as possessed by the petitioner, herein, now is to the extent of 48.55%. Accordingly, the petitioner comes within the prescribed benchmark disability level, for being appointed against the post to which she was so selected.

Page No.# 3/3 The above being the position, the authorities in the Health & Family Welfare Department, Government of Assam, shall, within a period of 15(fifteen) days from today intimate the Director, Higher Education Department, Assam, about the result of the re-evaluation examination as carried-out with regard to the disability as possessed by the petitioner, herein.

The Director, Higher Education Department, Assam, on receipt of the same and if such disability of the petitioner is found to be within the benchmark prescribed, shall proceed to appoint the petitioner against the post to which she was so selected.

The entire exercise as now required to be carried-out in terms of the directions passed by this Court hereinabove, shall be initiated and completed by the Health & Family Welfare Department, Government of Assam, as well as the Director, Higher Education Department, Assam, within a period of 2(two) months from the date of receipt of a certified copy of this order.

With the above directions and observations, this writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010266462022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/8297/2022o DR.oJYOTIoGOGOIo C/OoSURJYAoKR.oGOOGIoVILL.oHILOIDARIoNO.o1oP.O.oDIGHALAoHILOIDARIo P.S.oDHAKUAKHANAoDIST.oLAKHIMPURoASSAMoPIN-787055 VERSUSo THEoSTATEoOFoASSAMoANDo8oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAMo EDUCATIONo(HIGHER)oDEPTT.oDISPURoGUWAHATI-6 2:THEoADDITIONALoSECRETARY oTOoTHEoGOVToOFoASSAMoEDUCATIONo(HIGHER)oDEPTT.oDISPURo GUWAHATI-6 3:THEoDIRECTORoOFoHIGHERoEDUCATION oASSAM oKAHILIPARAoGUWAHATI-19 4:THEoGOVERNINGoBODYoOFoDULIAJANoCOLLEGE oDULIAJAN oREP.oBYoITSoPRESIDENToP.O.oDULIAJANoDIST.oDIBRUGAHoASSAMoPIN- 786602 5:THEoPRINCIPALoCUMoSECRETARYOFoDULIAJANoCOLLEGE oP.O.oDULIAJANoDIST.oDIBRUGARHoASSAMoPIN-786602 6:THEoDIRECTORoOFoMEDICALoEDUCATION oSIXMILEoKHANAPARAoGUWAHATIoPIN-781022 7:THEoCHAIRMAN oDISTRICToMEDICALoBOARDoANDoJOINToDIRECTORoOFoHEALTHoSERVICES oLAKHIMPURoNORTHoLAKHIMPURo787001 Page No.# 2/3 8:THE PRINCIPAL CUM CHIEF SUPERINTENDENT GAUHATI MEDICAL COLLEGE AND HOSPITAL GUWAHATI-781032 9:THE MEDICAL BOARD CONSTITUTED FOR PHYSICAL VERIFATION OF SELECTED PWD CANDIDATES FOR APPOINTMENT IN THE POST OF ASSISTANT PROFESSOR/LIBRARIAND IN VARIOUS PORVINCIALISED COLLEGES REP BY ITS CHAIRMAN GAUHATI MEDICAL COLLEGE AND HOSPITAL GUWAHATI-78103 Advocate for the Petitioner : MRS. R DEVI Advocate for the Respondent : SC, HIGHER EDU BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR