Gauhati High Court
Nayan Das vs The State Of Assam And 7 Ors on 11 December, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/6
GAHC010215112023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5567/2023
NAYAN DAS
S/O- LATE JITEN DAS
R/O- RAJAHAT
BANEKUCHI
P.O. BANEKUCHI
P.S. AND DIST. NALBARI
ASSAM
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
ASSAM
ASSAM SACHIVALAYA
DISPUR
GUWAHATI-6.
2:THE PRINCIPAL SECRETARY
TO THE GOVERNMENT OF ASSAM
SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT
ASSAM SACHIVALAYA
DISPUR
GHY-6.
3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM
SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT
ASSAM SACHIVALAYA
DISPUR
GHY-6.
4:THE DIRECTOR
Page No.# 2/6
DIRECTORATE OF SOCIAL JUSTICE AND EMPOWERMENT
LAKHI MANDIR
SURABHI NAGAR
BELTOLA TINIALI
GHY-28.
5:THE GAUHATI UNIVERSITY
REPRESENTED BY THE REGISTRAR
JALUKBARI
GHY-14
DIST. KAMRUP(M)
ASSAM
6:THE CONTROLLER OF EXAMINATIONS
GAUHATI UNIVERSITY JALUKBARI
GHY-14
DIST. KAMRUP(M)
ASSAM
7:THE GAUHATI MEDICAL COLLEGE AND HOSPITAL
GAUHATI
REPRESENTED BY ITS SUPERINTENDENT
BHANGAGARH
GHY-5.
8:THE GAUHATI MEDICAL COLLEGE BOARD
GAUHATI MEDICAL COLLEGE AND HOSPITAL
GUWAHATI
CONSTITUTED FOR CONDUCTING MEDICAL TEST OF THE CANDIDATES
OF GRADE-IV EMPLOYEE AS PER MERIT LIST DATED- 31/01/2023
REPRESENTED BY SUPERINTENDENT
GAUHATI MEDICAL COLLEGE AND HOSPITAL
GUWAHATI.
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Advocate for : MR. J I BORBHUIYA
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 7 ORS
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
11.12.2025 Heard Mr. J.I Borbhuiya, learned counsel for the petitioner. Also heard Mr. Page No.# 3/6 C.K.S. Baruah, learned Junior Government Advocate for the State respondents; Ms. P. Chakrabarty, learned Standing Counsel, Social Justice & Empowerment Department; Mr. R.C. Alam, learned Standing Counsel, Gauhati University; and Mr. B. Gogoi, learned Addl. Advocate General for the Health Department.
2. The petitioner claims to be a person with benchmark disability having hearing impairment and holding Unique Disability ID issued by the Government of India. The petitioner presented his candidature in response to an advertisement dated 30.12.2018 for filling up different posts of Grade III and Grade IV. This recruitment drive was a special recruitment by advertisement dated 30.12.2018 for recruitment in the posts of Grade III & Grade IV in different departments under the Government of Assam which are reserved for persons with disabilities. The petitioner was provisionally selected and subjected to medical examination. When the petitioner presented himself before the medical authorities, he was rejected by the medical authorities upon due examination on the ground that his disability is below the benchmark disability of 40%. Being aggrieved, the present writ petition has been filed.
3. Notices in the matter were issued. However, no affidavit has been filed by the respondents.
4. The limited prayer made in the petition is for interference and setting aside of the disqualification order and for re-evaluation by an independent Medical Board.
5. During the course of hearing, the learned counsel representing the State submitted that if there is a direction from the Court then as per the direction a Special Medical Board will be constituted for re-evaluation of the petitioner and Page No.# 4/6 thereafter, the necessary evaluation will be undertaken and the particulars will be furnished to the person concerned as well as before the Court.
6. The learned counsel for the petitioner does not object to the suggestions made by the respondents.
7. Considering the submissions made by the learned counsel for the parties, since the prayer made before the Court is that a fresh evaluation is called for by an independent Medical Board, this Court is of the view that in the absence of any affidavit being filed by the respondents and in the absence of any particulars and materials placed before the Court by the petitioner also, as to the basis on which the writ petitioner was granted the certificates of benchmark disability by the authorities prescribed in respective districts, this Court is of the view that ends of justice will suffice, if the writ petition is disposed of with the direction to the Principal-cum-Chief Superintendent, Gauhati Medical College & Hospital (GMCH) to constitute a Medical Board comprising of specialists, who would be considered competent to examine the petitioner who claim to be a specially abled person and who claim to hold the benchmark disability certificate issued by the prescribed district authorities. The Principal-cum-Chief Superintendent, GMCH will be personally present in the committee constituted and will be at liberty to include members who according to him would be competent to determine the percentage of disability in respect of the writ petitioner. It is also to be noted that in respect of petitioner the medical records on the basis of which the earlier disability certificate was issued by the competent authority should be called for and examined and thereafter, the evaluation is to be done and appropriate certificate as to whether or not the petitioner falls within the benchmark disability are to be issued individually to Page No.# 5/6 the petitioner.
8. In the event the medical records in respect of the petitioner on the basis of which the earlier benchmark disability certificate was issued by the district authorities is not available then a specific remark to that aspect should also be made in the certificate, which is to be issued as directed. The petitioner as well as the respondents will serve certified copies of this order to the Principal-cum- Chief Superintendent, GMCH and within 10 days thereafter, the said authority will constitute the Medical Board as directed. The petitioner will be personally intimated through telephone, email, etc. to be present on the dates when the examinations are to be conducted by the Medical Board to be so constituted as directed.
9. If the petitioner is found to be within the parameters prescribed for benchmark disability, then consequential orders regarding the selection of the petitioner to the posts for which he had applied for, pursuant to the advertisement and the appointment thereto shall be issued by the respective department.
10. Copies of the evaluation reports should also be furnished to concerned authority who may be required to issue appropriate appointment orders.
11. If the posts in which petitioner is offering his candidature has not been filled up the same shall not be filled up by the respondent authorities till the medical evaluation as directed is concluded.
12. The competent authorities in the district namely the Joint Director, Health who had issued the disability certificate to the petitioner shall ensure that the complete medical reports in respect of the petitioner is furnished and placed Page No.# 6/6 before the Medical Board as directed to be constituted by this Court, within the time frame as sought for by the Principal-cum-Chief Superintendent, GMCH.
13. In term of the above observations, this writ petition stands disposed of.
JUDGE Comparing Assistant