Kaushik Das Vs the State of Assam and Ors. — Gauhati HC (2025) — LawSathi Research

Kaushik Das Vs the State of Assam and Ors. — Gauhati HC (2025) — LawSathi Research

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GAHC010016352025

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

Case No. : I.A.(Civil)/413/2025

KAUSHIK DAS

S/O- JOY KRISHNA DAS, ADDRESS- H/NO. 128, NEAR PATHO PLUS CLINIC, A.T.ROAD, MALIGAON CHARIALI, GUWAHATI- 781011

VERSUS

THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PERSONNEL (A), DISPUR, GUWAHATI-6, DISTRICT- KAMRUP (M), ASSAM

2:THE SECRETARY GOVERNMENT OF ASSAM PERSONNEL (A) DISPUR GUWAHATI-6 DISTRICT- KAMRUP (M) ASSAM 3:STATE LEVEL RECRUITMENT COMMISSION FOR CLASS-III POSTS ASSAM ADMINISTRATIVE STAFF COLLEGE REPRESENTED BY ITS CHAIRMAN JAWAHARNAGAR KHANAPARA GUWAHATI-22 DISTRICT- KAMRUP (M) ASSAM

4:THE SECRETARY STATE LEVEL RECRUITMENT COMMISSION FOR CLASS-III POSTS ASSAM ADMINISTRATIVE STAFF COLLEGE JAWAHARNAGAR

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KHANAPARA GUWAHATI-22 DISTRICT- KAMRUP (M) ASSAM 5:THE SECRETARY MEDICAL EDUCATION AND RESEARCH DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI- 781006 ASSAM 6:THE PRINCIPAL-CUM-CHIEF SUPERINTENDENT GAUHATI MEDICAL COLLEGE AND HOSPITAL BHANGAGARH GUWAHATI-32 7:THE PRINCIPAL SECRETARY SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT GOVT. OF ASSAM BLOCK-D 1ST FLOOR DISPUR JANATA BHAWAN GUWAHATI- 781006 8:THE JOINT SECRETARY SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT GOVT. OF ASSAM BLOCK-D 1ST FLOOR DISPUR JANATA BHAWAN GUWAHATI- 781006 9:THE COMMISSIONER FOR PERSONS WITH DISABILITIES ADDRESS- LATAKATA BASISTHA GUWAHATI- 781029 KAMRUP (M) ASSAM 10:THE REGISTRAR COOPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI- 781022 KAMRUP (M)

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ASSAM 11:THE JOINT SECRETARY COOPERATION DEPARTMENT DISPUR GUWAHATI- 781006 KAMRUP (M) ASSAM 12:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT GUWAHATI- 781006 KAMRUP (M) ASSAM 13:THE MEDICAL BOARD REPRESENTED BY THE PRINCIPAL-CUM-CHIEF SUPERINTENDENT GAUHATI MEDICAL COLLEGE AND HOSPITAL BHANGAGARH GUWAHATI-32 14:THE PRINCIPAL SECRETARY

PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT GUWAHATI-781006 KAMRUP METRO ASSAM 15:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT GUWAHATI-781006 KAMRUP METRO ASSA

Advocate for the Petitioner : MR FIRUZ KHAN, P. NATH,MS D BARUAH,DR AZIZ KHAN,MR U CHAUDHURY,MR. ABHIJIT MENA,RHITUSHREE TALUKDAR

Advocate for the Respondent : GA, ASSAM, SC, HEALTH,MS. M D BORA (SC, CO-OPERATIVE SOCIETIES),MR. C SARMA (SC, SOCIAL JUSTICE AND EMPOWERMENT),MR. D UPAMANYA (SC, HEALTH DEPT.),MR B CHOUDHURY,MS. M BHATTACHARYYA,

Linked Case : I.A.(Civil)/412/2025

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KAUSHIK DAS S/O- JOY KRISHNA DAS ADDRESS- H/NO. 128 NEAR PATHO PLUS CLINIC A.T.ROAD MALIGAON CHARIALI GUWAHATI- 781011 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PERSONNEL (A) DISPUR GUWAHATI-6 DISTRICT- KAMRUP (M) ASSAM 2:THE SECRETARY GOVERNMENT OF ASSAM PERSONNEL (A) DISPUR GUWAHATI-6 DISTRICT- KAMRUP (M) ASSAM 3:STATE LEVEL RECRUITMENT COMMISSION FOR CLASS-III POSTS ASSAM ADMINISTRATIVE STAFF COLLEGE REPRESENTED BY ITS CHAIRMAN JAWAHARNAGAR KHANAPARA GUWAHATI-22 DISTRICT- KAMRUP (M) ASSAM 4:THE SECRETARY STATE LEVEL RECRUITMENT COMMISSION FOR CLASS-III POSTS ASSAM ADMINISTRATIVE STAFF COLLEGE JAWAHARNAGAR KHANAPARA GUWAHATI-22 DISTRICT- KAMRUP (M) ASSAM

5:THE SECRETARY

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MEDICAL EDUCATION AND RESEARCH DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI- 781006 ASSAM 6:THE PRINCIPAL-CUM-CHIEF SUPERINTENDENT GAUHATI MEDICAL COLLEGE AND HOSPITAL BHANGAGARH GUWAHATI-32 7:THE PRINCIPAL SECRETARY SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT GOVT. OF ASSAM BLOCK-D 1ST FLOOR DISPUR JANATA BHAWAN GUWAHATI- 781006 8:THE JOINT SECRETARY SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT GOVT. OF ASSAM BLOCK-D 1ST FLOOR DISPUR JANATA BHAWAN GUWAHATI- 781006 9:THE COMMISSIONER FOR PERSONS WITH DISABILITIES ADDRESS- LATAKATA BASISTHA GUWAHATI- 781029 KAMRUP (M) ASSAM 10:THE REGISTRAR COOPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI- 781022 KAMRUP (M) ASSAM 11:THE JOINT SECRETARY COOPERATION DEPARTMENT DISPUR GUWAHATI- 781006

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KAMRUP (M) ASSAM 12:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT GUWAHATI- 781006 KAMRUP (M) ASSAM 13:THE MEDICAL BOARD REPRESENTED BY THE PRINCIPAL-CUM-CHIEF SUPERINTENDENT GAUHATI MEDICAL COLLEGE AND HOSPITAL BHANGAGARH GUWAHATI-32 14:THE PRINCIPAL SECRETARY PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT GUWAHATI-781006 KAMRUP METRO ASSAM 15:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT GUWAHATI-781006 KAMRUP METRO ASSAM -----------Advocate for : MR FIRUZ KHAN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND ORS

Linked Case : WP(C)/2869/2024

KAUSHIK DAS S/O- JOY KRISHNA DAS ADDRESS- H/NO. 128 NEAR PATHO PLUS CLINIC A.T.ROAD MALIGAON CHARIALI GUWAHATI- 781011

VERSUS

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THE STATE OF ASSAM AND 12 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PERSONNEL (A) DISPUR GUWAHATI-6 DISTRICT- KAMRUP (M) ASSAM 2:THE SECRETARY GOVERNMENT OF ASSAM PERSONNEL (A) DISPUR GUWAHATI-6 DISTRICT- KAMRUP (M) ASSAM 3:STATE LEVEL RECRUITMENT COMMISSION FOR CLASS-III POSTS ASSAM ADMINISTRATIVE STAFF COLLEGE REPRESENTED BY ITS CHAIRMAN JAWAHARNAGAR KHANAPARA GUWAHATI-22 DISTRICT- KAMRUP (M) ASSAM 4:THE SECRETARY STATE LEVEL RECRUITMENT COMMISSION FOR CLASS-III POSTS ASSAM ADMINISTRATIVE STAFF COLLEGE JAWAHARNAGAR KHANAPARA GUWAHATI-22 DISTRICT- KAMRUP (M) ASSAM 5:THE SECRETARY MEDICAL EDUCATION AND RESEARCH DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI- 781006 ASSAM 6:THE PRINCIPAL-CUM-CHIEF SUPERINTENDENT GAUHATI MEDICAL COLLEGE AND HOSPITAL BHANGAGARH GUWAHATI-32 7:THE PRINCIPAL SECRETARY

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SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT GOVT. OF ASSAM BLOCK-D 1ST FLOOR DISPUR JANATA BHAWAN GUWAHATI- 781006 8:THE JOINT SECRETARY SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT GOVT. OF ASSAM BLOCK-D 1ST FLOOR DISPUR JANATA BHAWAN GUWAHATI- 781006 9:THE COMMISSIONER FOR PERSONS WITH DISABILITIES ADDRESS- LATAKATA BASISTHA GUWAHATI- 781029 KAMRUP (M) ASSAM 10:THE REGISTRAR COOPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI- 781022 KAMRUP (M) ASSAM 11:THE JOINT SECRETARY COOPERATION DEPARTMENT DISPUR GUWAHATI- 781006 KAMRUP (M) ASSAM 12:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT GUWAHATI- 781006 KAMRUP (M) ASSAM 13:THE MEDICAL BOARD REPRESENTED BY THE PRINCIPAL-CUM-CHIEF SUPERINTENDENT GAUHATI MEDICAL COLLEGE AND HOSPITAL

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BHANGAGARH GUWAHATI-32

-----------Advocate for : MR. FIRUZ KHAN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 12 ORS

BEFORE

HONOURABLE MR. JUSTICE SUMAN SHYAM

ORDER

Date : 03/03/2025

On the request of Mr. F. Khan, learned counsel for the applicant, both the Interlocutory Applications, stand disposed of on withdrawal.

Mr. B. Chowdhury, learned Standing Counsel, SLRC, Assam; Ms. R.M. Deka, learned Standing Counsel, Social Justice and Empowerment, Assam; Mr. I. Das, learned counsel for the Health Department and Mr. R.D. Goswami, learned counsel for the Cooperation Department, Assam, are present.

JUDGE

Comparing Assistant