Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 4 Ors on 10 April, 2023
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/5
GAHC010069982023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1793/2023
with
WP(C)/1833/2023
AMIT HASSAN MAZUMDER AND 4 ORS.
SON OF ABADUR RAHMAN MAZUMDER,
RESIDENT OF HOUSE NO. 11,
ANGAD NAGAR, SUNDARBARI,
GUWAHATI, P.O.- GAUHATI UNIVERSITY,
PS- JALUKBARI, PIN- 781014.
2: DR. SHALINI SHARMA
WIFE OF SRI ABHISHEK SHARMA
RESIDENT OF HOUSE NO. 63
BANSI ENCLAVE
OLD FIRE BRIGADE LANE
CHATRIBARI
GUWAHATI
IN THE DISTRICT OF KAMRUP(METRO)
ASSAM
PIN- 781001.
3: DR. DIPTI REKHA SARMA
WIFE OF DR. JYOTIRMOY SARMAH
RESIDENT OF HOUSE NO. 41
NAMGHAR PATH 1
WIRELESS
DISPUR
GUWAHATI
Page No.# 2/5
IN THE DISTRICT OF KAMRUP(METRO)
ASSAM
PIN- 781006.
4: SANGEETA RONGSON
DAUGHTER OF SRI JAGIRATH RONGSON
RESIDENT OF NALAPARA DURGA MANDIR
P.O.- SAWKUCHI
IN THE DISTRICT OF KAMRUP(METRO)
ASSAM
PIN- 781040.
5: DR. CHUMI BHATTA
WIFE OF NIPJYOTI BHUYAN
RESIDENT OF ELORA PATH
AJANTA PATH
HATIGAON
P.O. AND P.S.- HATIGAON
PIN- 781038
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE PRINCIPAL SECRETARY,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT OF ASSAM,
DISPUR, PIN- 781006.
2:THE DIRECTOR
AYUSH (AYURVEDA
YOGA
NATUROPATH
UNANI
SIDDHA AND HOMEOPATHY)
BASISTHA ROAD
HOUSE NO.1
BANPHOOL NAGAR PATH
NEAR HOUSEFED
DISPUR
GUWAHATI- 781006.
Page No.# 3/5
3:THE PRINCIPAL
GOVERNMENT AYURVEDIC COLLEGE AND HOSPITAL
AEC ROAD
SUNDARBARI
JALUKBARI
GUWAHATI
ASSAM
PIN- 781014.
4:THE CHAIRMAN
MEDICAL HEALTH AND RECRUITMENT BOARD (MHRB)
SAIKIA COMMERCIAL COMPLEX
CHRISTIAN BASTI
GUWAHATI
ASSAM
PIN- 781005.
5:THE SECY. TO THE GOVT. OF ASSAM
WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES (WPT AND BC)
DEPTT.
DISPUR
GUWAHATI- 781006
Advocate for the Petitioner : MR. U K NAIR
Advocate for the Respondent : SC, HEALTH
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
10-04-2023 Heard Mr. U. K. Nair, learned Senior counsel assisted by Ms. U. Sarma, learned counsel for the petitioners and Mr. D.P. Borah, learned Standing counsel, Health and Family Welfare Department for the respondent Nos. 1 to 4. Also heard Mr. R. Dhar, learned Standing counsel, WPT & BC for the respondent No. 5.
Page No.# 4/5 The Secretary, Medical and Health Recruitment Board, Assam on 16.03.2023 issued an advertisement under No. MHRB/45/Ayurvedic/Recruitment/2023/1777 inviting applications for direct recruitment to the posts of Professors, Associate Professors and the posts of Assistant Professors (earlier termed as Lecturers) in the Government Ayurvedic College, Guwahati in various departments including one post of Assistant Professor in the Department of Roga Nidan reserved for OBC/MBOC category as well as one post of Assistant Professor in the Department of Sanskrit Samhita & Siddhanta that is also reserved for OBC/MOBC category.
Placing the minutes of the Directorate of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homoeopathy (Ayush) dated 14.02.2022 as well as the communication of the Director of Ayush dated 11.03.2022 both annexed to these petitions, the petitioners submitted that the respondent authorities in the Health and Family Welfare Department with regard to the appointment of Assistant Professor in the Government Ayurvedic College, Guwahati decided to consider the roaster in the post of Assistant Professor, Department-wise which was earlier done for the entire college as one cadre.
Mr. Nair, learned Senior counsel for the petitioners brought to the notice of the Court that there are two sanctioned posts of Assistant Professors in the Department of Roga Nidan, where one of the posts was filled up by a candidate from Scheduled Caste category and now, if the second post of Assistant Professor in the Department of Roga Nidan, as advertised, is filed up by OBC/MOBC category, it will be in violation of the existing reservation policy vis-a-vis roaster points.
It is submitted on behalf of the petitioners that in the aforesaid backdrop, the respondent authorities are required to fill up the post of Assistant Professor following the 13 Point Roaster System and as such, the second post shall go first time to the un-reserved category.
With regard to the post of Sanskrit Samhita & Siddhanta Department in the Government Ayurvedic College, Guwahati pertaining to WP(C) No. 1833/2023, it is submitted that there are altogether 5 posts of Assistant Professors in Sanskrit Samhita & Siddhanta Department of the college and out of 5 sanctioned posts, at present, there are 2 vacant posts, one of which is advertised, and the other is vacant due to promotion of an Assistant Professor and the remaining three posts are occupied by the incumbents belonging to un-reserved category.
It is stated that as the respondent authorities in the Health and Family Welfare Department for the first time have decided to fill up the posts of Assistant Professors considering each Department as an independent cadre, therefore, as per the 13 Point Roaster, the said advertised post of Assistant Page No.# 5/5 Professor of Samhita & Siddhanta Department of the college should be considered for un-reserved category.
During the deliberation of the matter, Mr. Borah, learned Standing counsel, Health and Family Welfare Department submitted that the Health and Family Welfare Department have approached the Department of Welfare of Plain Tribes and Backward Community for necessary approval in the matter.
It is submitted that pursuant to the order 31.03.2023 passed in these proceedings, the petitioners have submitted their applications physically through off line mode that were duly received by the respondent authorities.
Though notices in these cases were issued on 31.03.2023 but the respondent authorities have not filed their respective affidavits in these matters till date.
Considering the provisions of the 13 Point Roaster as provided in the Assam Scheduled Caste and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1978 as amended, the process of selection to the post of Assistant Professor in the Department of Roga Nidan as well as in the Department of Sanskrit Samhita & Siddhanta, Government Ayurvedic College, Assam as advertised by the Secretary, Medical and Health Recruitment Board, Assam on 16.03.2023 under No. MHRB/45/Ayurvedic/Recruitment/2023/1777 shall remain suspended until further order of the Court.
In view of the order passed today in the connected I.A.(C) Nos. 981/2023 & 980/2023, the names of the petitioner Nos. 1 & 5 be struck off from the cause title of said WP(C) No. 1793/2023.
Registry shall accordingly do the needful and shall also correct the serial numbers of the petitioners of WP(C) No. 1793/2023.
List these matters after 4 (four) weeks on a date to be fixed by the Registry.
JUDGE Comparing Assistant