Dismissed

Kalyan Kalita v. the State of Assam and Ors.

Gauhati HC11 Dec 2018WP(C)/6057/2010

Case brief

AI extract

What is this about?

This petition questioned the appointment of a candidate not visibly handicapped under a physically handicapped quota. The Court discharged the petition, declining to verify the selected candidate's physical status as its own role, but granted liberty to challenge the status elsewhere.

What did the court decide?

Petition dismissed; liberty granted to challenge the status of the selected respondent as a physically challenged person before the proper forum.

Kalyan Kalita Vs the State of Assam and Ors. — Pension and Retirement Benefits | Gauhati HC (2018)

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GAHC010008082010

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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) 6057/2010

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1:KALYAN KALITA

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S/O SOMESWAR KALITA, R/O SILIKHABARI GRANT, PO. DEOGHARIA, PS. TITABOR, DIST. JORHAT, ASSAM

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VERSUS

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1:THE STATE OF ASSAM AND ORS

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

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2:THE DIRECTOR OF MEDICAL EDUCATION ASSAM HOUSEFED COMPLEX DISPUR GHY-6

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3:THE DIRECTOR OF MEDICAL HEALTH SERVICE ASSAM HOUSEFED COMPLEX DISPUR GHY-6

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4:THE JT. DIRECTOR OF HEALTH SERVICES JORHAT DIST. JORHAT ASSAM

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5:THE PRINCIPAL CUM CHIEF SUPERINTENDENT JORHAT MEDICAL COLLEGE AND HOSPITAL JORHAT 6:THE SELECTION BOARD THE PRINCIPAL CUM CHIEF SUPERINTENDENT JORHAT MEDICAL COLLEGE AND HOSPITAL

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JORHAT

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7:THE CHAIRMAN SELECTION BOARD MEDICAL COLLEGE AND HOSPITAL JORHAT DIST. JORHAT ASSAM

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8:SRI PARTHA PRATIM BORAH C/O ARUN CH BORAH KAKATY PULEHUSI GUAL GAON BAHETIA R.R.L PULIBOR DIST JORHAT OFFICE ADDRESS- C/O THE PRINCIPAL CUM CHIEF SUPERINTNDENT JORHAT MEDICAL COLLEGE AND HOSPITAL JORHAT

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Advocate for the Petitioner : MR.PARAG J SAIKIA

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Advocate for the Respondent : MS.N DASR-8

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BEFORE HONOURABLE MR. JUSTICE N. KOTISWAR SINGH

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ORDER

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Date : 11-12-2018

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No one is present for the petitioner. Heard Ms. D. Bora, learned standing counsel for the Health Department.

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In this petition, the petitioner has challenged the selection list published by the respondent authorities on 28.10.2010, contending that the petitioner is a visually impaired person and the authorities have proceeded with the appointment of respondent No. 8, who is not a physically challenged person.

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The State respondents in this regard have filed the affidavit in opposition, in which it has been stated that as regards the candidate selected against the reserved post under the category of physically handicapped persons, the Selection Board after being satisfied with the

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candidature of the respondent No.8 as physically handicapped person has made the recommendation. In other words, it is not correct to say that respondent No. 8 who has been given appointment under the quota reserved for physically handicapped person is not eligible for the said post.

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In view of the aforesaid assertion made by the respondent authorities that the respondent No. 8 is a physically handicapped person, this Court is not inclined to entertain this petition. However, liberty is granted to the petitioner to challenge the status of the respondent No. 8 as a physically challenged person before the proper forum as this would involve ascertainment of facts about physical condition of the respondent No. 8 which this Court is not inclined to examine in exercise of the power under Article 226 of Constitution of India.

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5) Petition is disposed of, accordingly.

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JUDGE

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Comparing Assistant

Kalyan Kalita v. the State of Assam and Ors.

Case brief

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Kalyan Kalita v. the State of Assam and Ors.

Case brief

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