Disposed

Angita Das v. the State of Assam and 5 Ors.

Gauhati HC9 Jan 2024WP(C)/90/2024

Case brief

AI extract

What is this about?

Petitioner challenged rejection in GNM course admission due to age. Court noted eligibility notice did not require age attainment as of 1st January. Petitioner directed to seek admission based on merit from Director of Health Services.

What did the court decide?

Directed petitioner to submit representation to Director of Health Services, Assam for consideration for admission to GNM Course based on merit and other criteria.

Angita Das Vs the State of Assam and 5 Ors. — Education and Admissions | Gauhati HC (2024)

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GAHC010003812024

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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)/90/2024

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ANGITA DAS D/O- ANUPAM DAS , R/O- GURMOW, P.S- GORESWAR, DIST- BAKSA, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI- 781006.

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2:THE DIRECTOR

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DEPARTMENT OF HEALTH SERVICES ASSAM

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P.O- HENGRABARI P.S- DISPUR KAMRUP (M) ASSAM GUWAHATI-36

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3:THE DIRECTOR OF MEDICAL EDUCATION ASSAM SIXMILE KHANAPARA GUWAHATI-22

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4:THE MISSION DIRECTOR NATIONAL HEALTH MISSION

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OFFICE OF THE MISSION DIRECTOR SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-5 DIST- KAMRUP (M) ASSAM

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5:SRIMANTA SANKARDEV UNIVERSITY OF HEALTH AND SCIENCE REPRESENTED BY ITS VICE CHANCELLOR 2ND FLOOR GUWAHATI MEDICAL COLLEGE BUILDING NARKASUR HILL TOP BHANGAGARH GUWAHATI-781032 KAMRUP (M) 6:THE REGISTRAR OF SRIMANTA SANKARDEV UNIVERSITY OF HEALTH SCIENCES NARKASUR HILL TOP BHANGAGARH GUWAHATI-781032 DIST- KAMRUP (M) ASSA

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Advocate for the Petitioner : MR. B K GOGOI

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Advocate for the Respondent : SC, HEALTH

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BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 10.01.2024

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Heard Mr. B.K. Gogoi, learned counsel for the petitioner. Also heard Mr. D.P. Borah, learned standing counsel for the Health Department.

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The petitioner, in pursuance to her application for being considered for admission into GNM Course had participated in the selection process conducted by the Srimanta Sankaradeva University of Health Sciences. On conclusion of the said selection process, the petitioner was issued with a mark-sheet, which is

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available at Annexure-6 to the petitioner and therein the petitioner shown to have been placed at rank position 1558 by scoring 46 marks. It is the case of the petitioner that in the counseling process held for admission into the GNM Course, her case was not considered on the ground that on the 1^st day of the year of admission, i.e. 1^st January, 2022, she had not reportedly attained the age of 17 (seventeen) years. It is the stand of the petitioner that the petitioner was underage by 2 (two) months in as much as her date of birth is 01.03.2005.

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On perusal of the educational notice dated 10.08.2022 and the eligibility criteria for admission into GNM Course for GNM Training School under the Govt. of Assam, it is seen that the prescription made with regard to age is:

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“1. Minimum and Maximum age for admission will be 17 and 35 years. There is no bar for ANM/LHV.”

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However, in an earlier process of recruitment which was initiated vide an educational notice dated 12.05.2022, the age criteria was mentioned as follows:

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“6. Age: Candidate must be within the age limits of 17 to 24 years as on 1^st January of the Year of Admission.”

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The present criteria with regard to age as mentioned in the educational notice dated 10.08.2022 does not have a prescription that the said age is to be attained by the candidate as on the 1^st January of the year of admission. In that view of the matter, the petitioner has made out a case for consideration for her admission into the GNM Course.

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Mr. D.P. Borah, on instructions has submitted that there are vacant posts available in the GNM Course and the petitioner, if desires can be accommodated there.

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In view of the said submission, this writ petition is disposed of by directing the petitioner to submit a representation along with a certified copy of this order to the Director of Health Services, Assam praying for her admission into the GNM Course.

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The Director of Health Services, Assam, on receipt of such application from the petitioner and by considering the submission as made by Mr. D.P. Borah as recorded above as well as the finding of this Court with regard to the prescription of age criteria both in the educational notice dated 10.08.2022 and the earlier educational notice dated 12.05.2022 and there being no prescription with regard to having the requirement to have the minimum age acquired as of 1^st of January of the year of admission in the educational notice dated 10.08.2022 proceed shall offer an admission to the petitioner if her merit position so warrants and she fulfils the eligibility criteria, other than the criteria pertaining to age.

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The said exercise shall be completed within a period of 15 (fifteen) days from the date of receipt of a representation along with a certified copy of this order.

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With the above observation, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Angita Das v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Angita Das v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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