Gauhati High Court
Page No.# 1/3 vs The State Of Assam And 3 Ors on 19 February, 2021
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/3
GAHC010024912021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/975/2021
BABITA RAJKUMARI AND 2 ORS
W/O. PRADYUT SINHA, (D/O. BIR CHARAN RAJKUMARI), VILL.
BASKALTILLA, P.O. BASKALTILLA, P.S. RATABARI, DIST. KARIMGANJ,
PIN-788710.
2: BHARATI CHOUDHURY
W/O. ASHISH CHAKRABORTY
(D/O. DEBI PRASAD CHOUDHURY) VILL. CHANDRAPUR
P.O. RAKESH NAGAR
P.S. AND DIST. KARIMGANJ
PIN-788710.
3: NILIMA DAS
D/O. LT. BINOD BIHARI DAS
VILL. AND P.O. MAHISHASON
P.S. AND DIST. KARIMGANJ
PIN-788710
VERSUS
THE STATE OF ASSAM AND 3 ORS
TO BE REP. BY THE COMM. AND SECY., TO THE GOVT. OF ASSAM, DEPTT.
OF HEALTH AND FAMILY WELFARE, ASSAM CIVIL SECRETARIAT, DISPUR,
GUWAHATI-06.
2:DIRECTOR OF HEALTH SERVICES
ASSAM
HENGERABARI
GUWAHATI-36.
3:THE MISSION DIRECTOR
NATIONAL RURAL HEALTH MISSION (NRHM)
ASSAM JANAPATH
HOUSE NO.16
Page No.# 2/3
OPP. KENDRIYA VIDYALAYA
KHANAPARA
GUWAHATI-22.
4:THE JOINT DIRECTOR OF HEALTH SERVICES CUM MEMBER
SECRETARY
DISTRICT HEALTH AND F.W. SOCIETY
KARIMGAJN
DIST. KARIMGANJ
PIN-788710
Advocate for the Petitioner : MR. M H RAJBARBHUIYAN
Advocate for the Respondent : SC, HEALTH
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : --19.02.2021 Although the petitioners were successful in the written examination for the post of staff nurse which was advertised in the local daily on 19.11.2017 and 15.12.2017 by the Directorate of Health Service Assam, the petitioners on production of their testimonials were found to be over aged. It is the case of the petitioner that they are covered by the decision of this Court in WP (C) No. 7832/2018, which was disposed of on 26.02.2019. Mr. M.H. Rajbarbhuiyan, learned counsel for the petitioner also submits that the process of selection has not be completed till now and therefore, Court may pass a similar direction to the respondent authority to consider the relaxation of the age of the petitioners in view of their service and experience as staff nurse already rendered on temporary basis. Mr. D.B. Barua, learned standing counsel Health Department on the other hand, submits that as per the instructions given to him over phone, the process of selection has been completed and it is also not clear as to whether the petitioners had even submitted their representation requesting age relaxation.
In view of the above, Mr. D.P. Bora shall obtain written instructions regarding status of the selection process as well as to whether the petitioners indeed have filed representation before the respondent authority.
Page No.# 3/3 List the case again on 12.03.2021.
JUDGE Comparing Assistant