Disposed

Amit Basumatari v. the State of Assam and 3 Ors.

Gauhati HC6 Dec 2021WP(C)/598/2020

Case brief

AI extract

What is this about?

Writ petition regarding selection for non-technical and Grade IV posts. Petitioner was called for Driver post interview despite not having raised grievance, though application form included Driver post. Court found no infirmity and granted liberty to apply to the Principal for reconsideration.

What did the court decide?

Petitioner granted liberty to file an application with the Principal-cum-Chief Superintendent for reconsideration of his inclusion in the selection process for the post of Driver.

Amit Basumatari Vs the State of Assam and 3 Ors. — Service and Employment | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010013352020

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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)/598/2020

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AMIT BASUMATARI

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S/O- JALESWAR BASUMATARI, R/O- VILL- GANESHPATHAR, P.O- LAHIN TINIALI, P.S- HAWRAGHAT, DIST- KARBI ANGLONG, ASSAM, PIN- 782441

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VERSUS

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THE STATE OF ASSAM AND 3 ORS

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TO BE REP. BY THE COMMISSIONER PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPTT, GOVT OF ASSAM, DISPUR, GUWAHATI781005

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2:THE DIRECTOR OF MEDICAL EDUCATION ASSAM SIX MILE KHANAPARA GUWAHATI- 22

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3:THE PRINCIPAL CUM CHIEF SUPERINTENDENT ASSAM HILLS MEDICAL COLLEGE AND RESEARCH INSTITUTE DIPHU

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DIST- KARBI ANGLONG

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4:THE SELECTION COMMITTEE

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RELATING TO THE SELECTION GRADE III(NON TECHNICAL) AND GRADE IV POST AS THE ASSAM HILLS MEDICAL COLLEGE AND RESEARCH INSTITUTE DIPHU TO BE REP. BY THE PRINCIPAL OF THE COLLEGE DIPHU DIST- KARBI ANGLON

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Advocate for the Petitioner : MR. P SARMAH

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Page No.# 2/3

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Advocate for the Respondent : SC, HEALTH

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 06-12-2021

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Heard Mr. B Chakravarty, the learned counsel for the petitioner. Also heard Mr. D Upamanyu, learned counsel for the respondents in the Health and Family Welfare Department of Government of Assam.

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The petitioner had participated in a selection process pursuant to an advertisement as notified in the newspaper as per Janasanjyog/D/1937/19 dated 2.7.2019 and Janasanjyog/D/1809//19 dated 29.06.2019 for filling up of certain posts of Grade-III (nontechnical) and Grade-IV posts in the Assam Hills Medical College and Research Institute at Diphu. The procedure adopted by the authorities for the purpose was that a written test was held amongst all the intending candidates and on the basis of the result of the written test, the persons concerned were called for the interview. The grievance raised by the petitioner is that he had applied for the post related to Computer Operated/Lower Division Assistant and other non-technical posts but not for the post of Driver, but on the basis of the written test, the petitioner was called for an interview for skill and language test for the post of Driver, which was held on 22.11.2019. As the petitioner was called only for the post of Driver, it is the grievance raised that it was done so without the petitioner applying for the post of Driver. 3. Mr. D Upamanyu, learned counsel for the Health and Family Welfare Department refers to the application form of the petitioner wherein against the column indicating the post for which such application was made, the post of Driver was also entered.

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As the petitioner has also applied for the post of Driver, it is the submission of Mr. D Upamanyu, the learned counsel for the Health and Family Welfare Department that no infirmity can be noticed in the petitioner being called for an interview for the post of Driver and a further submission is made that the candidates were called for interview on the basis of the performance in the written test and according to the merit position of the petitioner, he

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Page No.# 3/3

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was duly entitled to be called for an interview for the post of Driver.

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From such submission of the learned counsel for the respondents, we do not find any infirmity in the petitioner being called for an interview for the post of Driver. However, as submitted by Mr. B Chakravarty, the learned counsel for the petitioner, the petitioner is given the liberty to file an application before the respondent authorities, more particularly, the respondent no. 3 being the Principal-cum-Chief Superintendent, Assam Hills Medical College & Research Institute, Diphu. Upon such application being submitted by the petitioner, the Principal-cum-Chief Superintendent may look into the aspect as to whether any consideration can be made to the petitioner in the selection process pursuant to the aforesaid advertisement and thereafter, the Principal-cum-Chief Superintendent may pass a reasoned order thereon.

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While closing the writ petition, liberty as sought for, is granted.

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Writ petition stands disposed in the above terms.

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JUDGE

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Comparing Assistant

Amit Basumatari v. the State of Assam and 3 Ors.

Case brief

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Amit Basumatari v. the State of Assam and 3 Ors.

Case brief

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