Gauhati High Court
Altaf Hussain Barbhuiya vs The State Of Assam And 6 Ors on 21 August, 2023
Page No.# 1/4
GAHC010174152023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4548/2023
ALTAF HUSSAIN BARBHUIYA
S/O- NURUL ISLAM BARBHUIYA,
RESIDENT OF VILL- NARAIN PUR PART-II,
P.O.- CHANDPUR WEST,
P.S. AND DISTRICT- HAILAKANDI,
PIN- 788152, ASSAM.
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM,
ELEMENTARY DEPARTMENT, DISPUR,
GUWAHATI- 781006, KAMRUP(M),
ASSAM.
2:THE SECRETARY TO THE GOVT. OF ASSAM
MEDICAL EDUCATION RESEARCH DEPARTMENT
DISPUR
GUWAHATI 781006
KAMRUP(M)
ASSAM.
3:THE DIRECTOR OF MEDICAL EDUCATION AND RESEARCH
DEPARTMENT
SIXMILE
KHANAPARA
GUWAHATI- 781022
KAMRUP(M)
ASSAM.
4:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
Page No.# 2/4
KAHILIPARA
GUWAHATI-19
KAMRUP(M)
ASSAM.
5:THE JOINT SECRETARY TO THE GOVT. OF ASSAM
SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT
DISPUR
GAUHATI -6.
6:THE SECRETARY
STATE LEVEL RECRUITMENT COMMISSION FOR CLASS IV POSTS
ASSAM ADMINISTRATIVE STAFF COLLEGE
JAWAHAR NAGAR
KHANAPARA
GAUHATI-22
KAMRUP(M)
ASSAM.
7:THE PRINCIPAL CUM CHIEF SUPERINTENDENT
GAUHATI MEDICAL COLLEGE AND HOSPITAL
GAUHATI-22
KAMRUP(M)
ASSAM
Advocate for the Petitioner : MR. K A MAZUMDER
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER
21-08-2023 Heard Mr. K.A. Mazumder, learned counsel for the petitioner. Also heard Mr. A. Phukan, learned standing counsel, Elementary Education Department, representing the respondent Nos. 1 and 4; Mr. B. Gogoi, learned standing counsel Health Department representing the respondent Nos. 2, 3 and 7 and Mr. P. Saikia, learned Government Advocate for respondent Nos. 5 and 6.
Page No.# 3/4 Pursuant to an advertisement dated 25-03-2022, issued by the Secretary, State Level Recruitment Commission for Class-IV Posts, the petitioner made his application and was duly selected for appointment to Grade-IV post (Chowkidar) under Locomotor Disability Category. However, by an order dated 30-05-2023, issued by the Director, Elementary Education, Assam, his appointment was kept on hold till a final outcome is received regarding their credentials/status of disability. In the said order, the name of the petitioner appears at Sl. No. 12 for the category of Grade-IV (Chowkidar) (MTS).
A notice was published in the Assam Tribune, Guwahati, informing all candidates belonging to person with Benchmark Disabilities categories for Grade-III and Grade-IV posts under Special Recruitment Drive for Social Justice & Empowerment Department, to appear before the Medical Board on the scheduled dates.
It is the case of the petitioner that he could not appear before the Medical Board in terms of the notice issued by the Joint Secretary to the Government of Assam, Social Justice & Empowerment Department, on the ground that his name did not appear in the list, who were directed to re-appear before the Medical Board. The petitioner being aggrieved made a representation dated Nil, to the Director of Elementary Education Assam.
Considering the above, the Principal-cum-Chief Superintendent, Gauhati Medical College & Hospital, Guwahati/respondent No. 7 is directed to re-constitute a medical Board having experts in the field of Orthopedics and any other department that may be deemed fit to examine the petitioner's claim with regard to locomotor disability.
The petitioner is further directed to appear before the respondent No. 7 on 28- Page No.# 4/4 08-2023 at 11.00 am sharp along with all documents relating to his physical disability.
A report after the examination of the petitioner with regard to his disability be placed before this Court by the next returnable date.
List the matter on 01-09-2023.
JUDGE Comparing Assistant