Gitartha Das v. The Union of India and 7 Ors

ORDER Date : 12.02.2024

Heard Mr. S. K. Roy, learned counsel for the petitioner. Also heard Mr. S. S. Roy, learned CGC for the respondent No.1; Mr. D. Bora, learned Govt. Advocate for the respondent No.2; Mr. R. M. Das, learned standing counsel, Social Justice & Empowerment Department for the respondent No.3; Mr. R. Dhar, learned Addl. Senior Govt. Advocate, Public Works (Building & NH) Department for the respondent No.4; Mr. B. Choudhury, learned standing counsel, SLRC for the Page No.# 3/4 respondent No.5 and Mr. D. Upamanyu, learned standing counsel, Medical Education for the respondent Nos. 6, 7 and 8.

¶2The petitioner is holding a Disability Certificate issued by the Competent Authority under the Development of Social Justice and Empowerment, Assam indicating the degree and nature of his disability. According to the Certificate, the petitioner meets the bench mark disability with 60 % disablement thus making him eligible to seek Government employment as a 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-III posts, the petitioner applied for the Grade-III post under the PwD category. The petitioner participated in the recruitment process and was selected under the Public Works (Building & NH) Department. Thereafter, by a notice which was published on

12.05.2023, 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 Page No.# 4/4 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.#o1/4 GAHC010293882023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/13/2024o GITARTHAoDASo S/OoAJIToKUMARoDAS,oR/OoVILL-oJYOTIoNAGARoNEARoRAILoWAYoLINE,o NA-ALI,oP.O.-JORHAT,oP.S.-JORAT,oDIUST-JORHAT,oASSAM,oPIN-785001 VERSUSo THEoUNIONoOFoINDIAoANDo7oORSo REPRESENTEDoBYoTHEoSECRETARY,oMINISTRYoOFoSOCIALoJUSTICEoANDo EMPOWERMENT,oGOVERNMENToOFoINDIA,oSHASTRIoBHAWAN,oNEWo DELHI,oDELHI-110001 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENTo OFoASSAM oPERSONNELoDEPARTMENT oDISPUR oJANATAoBHAWAN oGUWAHATI-6 3:THEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oDEPARTMENToOFoSOCIALoJUSTICEoANDoEMPOWERMENT oDISPUR oJANATAoBHAWAN oGUWAHATI-6 4:CHIEFoENGINEERoOFoPUBLICoWORKSo(BUILDINGoANDoNH)o DEPARTMENToTOoTHEoGOVERNMENToOFoASSAM oKRISHNAoNAGAR oCHANDMARI oGUWAHATI oPIN-781003 Page No.# 2/4 5:THE STATE LEVEL RECRUITMENT COMMISSION FOR CLASS-III POSTS REPRESENTED BY ITS CHAIRMAN/SECRETARY ASSAM ADMINISTRATIVE STAFF COLLEGE JAWAHARNAGAR KHANAPARA GUWAHATI-22 6:THE SECRETARY TO THE GOVT. OF ASSAM MEDICAL EDUCATION AND RESEARCH DEPARTMENT DISPUR GUWAHATI-6 7:THE JOINT DIRECTOR OF HEALTH SERVICES JORHAT DIST-JORHAT ASSAM PIN-785001 8:THE MEDICAL BOARD GAUHATI MEDICAL COLLEGE AND HOSPITAL GUWAHATI-32 ASSA Advocate for the Petitioner : MR. S K ROY Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR