Dismissed

Smt. Chayanika Saikia v. the State of Assam and 4 Ors.

Gauhati HC1 Jun 2022WP(C)/3560/2022

Case brief

AI extract

What is this about?

The petitioner sought preferential appointment for being the daughter of an injured participant in the Assam Movement. The Court dismissed the writ petition as the petitioner failed to annex a medical certificate proving physical disability and the District Magistrate's certificate did not conform to the statutory format required from the Deputy Commissioner.

What did the court decide?

The writ petition was dismissed in terms of Rule 4 of the Assam Public Services (Preferential Appointment) Rules, 1999.

Smt. Chayanika Saikia Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/5

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GAHC010091232022

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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)/3560/2022

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SMT. CHAYANIKA SAIKIA

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D/O. KAMALSAIKIA, VILL. BARUACHUK, P.O. PURANIGUDAM, DIST. NAGAON, ASSAM, PIN-782141.

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VERSUS

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THE STATE OF ASSAM AND 4 ORS.

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REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, ASSAM ACCORD IMPLEMENTATION DEPTT., DISPUR,GUWAHATI-781006.

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2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPTT. DISPUR GUWAHATI-06.

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3:THE DIRECTOR OF HEALTH SERVICES

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ASSAM HENGRABARI GUWAHATI-36.

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4:THE DIRECTOR

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MEDICAL EDUCATION ASSAM SIXMILE KHANAPARA GUWAHATI-22.

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5:THE DEPUTY COMMISSIONER

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Page No.# 2/5

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NAGAON P.O. AND DIST. NAGAON ASSAM

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Advocate for the Petitioner : MD B ISLAM

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Advocate for the Respondent : GA, ASSAM

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-B E F O R E-

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HON’BLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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01.06.2022

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1. Heard Mr. B. Islam, learned counsel for the petitioner, who submits that the petitioner’s father Sri Kamal Saikia suffered a bullet injury in connection with his participation in the Assam Movement. The petitioner, who is the daughter of Sri Kamal Saikia, accordingly prays for preferential appointment to a Government post in terms of Rule 4 of the Assam Public Services (Preferential Appointment) Rules, 1999 (hereinafter referred to as ‘the 1999 Rules’).

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2. Petitioner’s counsel submits that the office of the District Magistrate, Nagaon has issued a certificate dated 25.07.2016, stating that the petitioner’s father was injured in connection with his participation in the Assam Movement and that the petitioner was his daughter.

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3. Mr. C.S. Hazarika, learned counsel for the respondent Nos. 1 & 5 and Ms. B. Bora, learned counsel for the respondent Nos. 2,3 & 4 submit that there is no medical certificate annexed to the writ petition, to show that the petitioner’s father was injured by a bullet during the Assam Movement or that he suffered any physical disability in terms of Rule 2(f) of the 1999 Rules. They also submit that the genuineness of the certificates issued by the authorities which are annexed to the writ petition will have to be verified by the respondents, besides the petitioner requiring to fulfill all the requisite eligibility criteria

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Page No.# 3/5

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for being considered for a Government post in terms of the 1999 Rules.

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4. On hearing the learned counsels for the parties, this Court is of the view that the writ petition can be disposed of at the motion stage itself.

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5. A reading of the provisions of the 1999 Rules provides that an “affected candidate” who is otherwise eligible under the normal Rules, shall be given preference in making appointments to post under the Government of Assam, recruitment to which are made through the Assam Public Service Commission or otherwise than through the Assam Public Service Commission. The 1999 Rules also provides that if an “affected candidate” is found to be a member of family of a martyr or a disabled person, the said person can be considered for appointment against a Government post in terms of the 1999 Rules.

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6. Section 2(a) of the 1999 Rules defines “Affected Candidate” to mean a candidate who is a member of the family of a martyr or a member of a family of a person, who has been rendered physically disabled and possesses a certificate to that effect issued by the Deputy Commissioner of the respective District, in such form as specified in the Schedule to these Rules.

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7. Section 2(f) of the 1999 Rules defines “Physically Disabled” to mean a person disabled in any major part of his body leading to total disablement, in connection with Assam Movement on the problem of foreigners.

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8. The petitioner claims to be the daughter of Sri Kamal Saikia, who suffered a bullet injury during the Assam Movement. The certificate issued by the office of the District Magistrate, Nagaon states as follows :

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“TO WHOM IT MAY CONCERN

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This is to certify that Sri Kamal Saikia of village Latabowa, PS Rupahihat, SubDivision Sadar of District Nagaon was injured in connection with his participation in the Assam Movement of the problem of foreigners and that Smti Chayanika

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Page No.# 4/5

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Saikia is a daughter of the said injured.

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Dated : Nagaon, the 25^th July/2016”.

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9. On the other hand, Section 2(a) of the 1999 Rules requires that the Certificate to be issued by the Deputy Commissioner has to be in terms of the Schedule to 1999 Rules, which states as follows :

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“2(a) Affected Candidate” means a candidate who is a member of the family of a martyr or a member of a family of a person who has been rendered physically disabled and possess a certificate to that effect issued by the Deputy Commissioner of the respective District in such form as specified in the Schedule to these rules”.

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The Schedule referred to in Rule 2(a) states as follows :

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“ SCHEDULE

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In pursuance of Rule 2(a) of the Assam Public Services (Preferential Appointment) Rules, 1999 this is to certify that Page No.# 5/7 Shri/Srimati ................. of Village/Town ................, P.S. ................, SubDivision ....................of District ............................ was killed/physically disabled, in connection with this participation in the Assam Movement on the problem of Foreigners and that Shri/Srimat..................................................... is a son/ daughter/ wife/husband/brother/sister of the said deceased/physically disabled.”

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10. As rightly submitted by the learned counsels for the respondents, no medical certificate has been annexed to the writ petition to show that the petitioner’s father suffered from any physical disability in terms of Rule 2(f) of the 1999 Rules. Also, the certificate issued by the District Magistrate does not state that the petitioner’s father is having any physical disability. Further, as the office of the Deputy Commissioner, Nagaon has not issued a certificate in terms of the Schedule referred to in Rule 2 (a) of the 1999 Rules, this Court is of the view that the prayer of the writ petitioner cannot be entertained.

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The writ petition is accordingly dismissed.

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JUDGE

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Comparing Assistant

Smt. Chayanika Saikia v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Smt. Chayanika Saikia v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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