Dismissed

Sabitri Sharma v. Dr B Borooah Cancer Institute and Ors.

Gauhati HC1 Feb 2018WP(C)/2122/2010

Case brief

AI extract

What is this about?

In a writ petition challenging the appointment procedure for a specialized medical post, the Gauhati High Court observed the case has become infructuous. Due to the absence of the petitioner's counsel, the petition was dismissed for non-prosecution rather than on merits.

What did the court decide?

The petition was dismissed for non-prosecution rather than on merits due to the absence of the petitioner's counsel.

Sabitri Sharma Vs Dr B Borooah Cancer… — Pension and Retirement Benefits | Gauhati HC (2018)

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Page No.# 1/3

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GAHC010004792010

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 2122/2010

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1:SABITRI SHARMA

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D/O LT. GHANAKANTA SARMA, R/O BILPAR, REHABARI, GUWAHATI-8, DIST. KAMRUP, ASSAM.

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VERSUS

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1:DR B BOROOAH CANCER INSTITUTE and ORS

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REGIONAL INSTITUTE FOR TREATMENT AND RESEARCH AN AUTONOMOUS BODY, UNDERTAKEN BY STATE OF ASSAM.

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2:THE DIRECTOR DR. B.BAROOAH CENCER INSTITUTE GOPINATH NAGAR GHY

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3:THE SECRETARY NORTH EASTERN COUNCIL SHILLONG PO. SHILLONG MEGHALAYA

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4:THE STATE OF ASSAM

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REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPTT. GHY-6

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5:THE UNION OF INDIA REP. BY THE SECY. HEALTH AND FAMILY WELFARE DEPTT. NEW DELH

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For the petitioner : None appears.

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Page No.# 2/3

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For the respondent Nos.1 &,2 : Mr. S. Dutta ..…Sr. Advocate.

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Ms. M. Choudhury, Mr. D. Chakraborty, Mr. M. Choudhury. …Advocates. For the respondent No.4 : Ms. D. Bora. .… SC, Health. Date of hearing & judgment : 01.02.2018

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BEFORE

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THE HON’BLE MR JUSTICE HRISHIKESH ROY

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JUDGMENT AND ORDER (ORAL)

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The petitioner is unrepresented when the case is called. The B. Borooah Cancer Institute and their Director (respondent No.1 & 2) are represented by Mr. S. Dutta, the learned Senior Counsel. The Standing Counsel for the Health Department, Ms. D. Bora, appears for the respondent No.4.

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For the respondents, Mr. S. Dutta, the learned Senior Counsel submits that this matter has become infructuous and that may be the reason for the absence of the petitioner’s lawyers. The Counsel points out that the Medical Officer (Palliative Medicine) at the Cancer Institute was appointed on merit, in pursuant to a rigorous selection process. On the petitioner’s challenge to the advertisement dated 10.3.2010, the Senior Counsel submits that the petitioner does not have the prescribed certificate qualification in Palliative Medicine and was therefore, ineligible for the Grade-A post, in the Cancer Institute.

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The post of Medical Officer (Palliative Medicine) is a specialized post for the Cancer Hospital and the norms required recruitment through open advertisement on national basis. The merit of the applicants were assessed by a six Members Selection Committee with representative doctors from TATA Memorial Hospital, the Gauhati Medical College & Hospital and the Director of the Cancer

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Institute headed the Committee. The records produced by the learned Senior Counsel suggest that recommendation for appointment was made through a bona fide process. Following the assessment by the Selection Committee, Dr. Kabindra Bhagabati with his aggregate score of 74 was placed in the 1^st position and he was appointed to the post on 29.6.2010 and since then, he is serving in the Institute.

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The above notings reflect that the appointment was made through a transparent and competitive process and therefore, no relief can be granted to the unsuccessful litigant. Be that as it may, since the petitioner’s Counsel are absent, the case is dismissed for non-prosecution, rather than on merit.

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JUDGE

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Comparing Assistant

Sabitri Sharma v. Dr B Borooah Cancer Institute and Ors.

Case brief

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Sabitri Sharma v. Dr B Borooah Cancer Institute and Ors.

Case brief

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