Raj Malakar Vs the State of Assam and 5 Ors. — Gauhati HC (2026) — LawSathi Research

Raj Malakar Vs the State of Assam and 5 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no.3, the Director of Medical Education (DME), to issue the order of appointment of the petitioner to the post of Radio Therapy Technician within 4 (four) weeks from receipt of a certified copy of the order; interim order, if any, merged and pending interlocutory applications disposed of.

Issue for consideration

Whether the petitioner, though shortlisted on the basis of marks in the written examination and called for skill test and document verification, was wrongly denied selection/appointment to the post of Radio Therapy Technician despite satisfying the requisite norms and qualifications.

Court's answer

On reverification pursuant to the affidavit, the respondents found that the petitioner possesses the required qualification as per the advertisement and was therefore eligible for the post of Radio Therapy Technician.

Ratio / Principle

In view of the categorical stand of the respondents, the claim of the writ petitioner is well founded; the writ petition is allowed with a direction to respondent no.3, the Director of Medical Education (DME), to issue the necessary order for appointment of the petitioner to the post of Radio Therapy Technician.

Key takeaways

The order of appointment is to be issued within a period of 4 (four) weeks from the date of receipt of a certified copy of the order.ratio¶29

Detailed headnote1 paragraphs

Gauhati High Court (Soumitra Saikia, J.), order dated 06.04.2026 in WP(C)/341/2026: A candidate shortlisted for the post of Radio Therapy Technician on the basis of written-examination marks, and called for skill test and document verification, was not selected. In its affidavit, respondent no.3 (Director of Medical Education, Assam) admitted that on review of the petitioner's documents he possesses the required minimum qualification as per the advertisement dated 06.12.2024 and is eligible for the post. Holding the petitioner's claim well founded, the Court allowed the writ petition and directed the DME to issue the order of appointment within four weeks of receipt of a certified copy of the order; any interim order stood merged and pending interlocutory applications were disposed of.

Page No.# 1/4

GAHC010011812026

undefined

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

Case No. : WP(C)/341/2026

RAJ MALAKAR

S/O LATE PRAFULLA MALAKAR, VILL. - KHUDRADADHI, P.O. - GERUAH, P.S. - HAJO, DIST. - KAMRUP, ASSAM, PIN - 781102.

VERSUS

THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI 781006

2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI-781006.

3:THE DIRECTOR OF MEDICAL EDUCATION (DME) ASSAM SIX MILE KHANAPARA GUWAHATI-22.. 4:THE SECRETARY MEDICAL AND HEALTH RECRUITMENT BOARD OFFICE OF THE DIRECTOR OF MEDICAL EDUCATION SIX MILE KHANAPARA GUWAHATI-22. 5:THE PUBLIC INFORMATION OFFICER (PIO) OFFICE OF THE DIRECTORATE OF MEDICAL EDUCATION ASSAM KHANAPARA

Page No.# 2/4

GUWAHATI-22.

6:THE APPELLATE AUTHORITY OF RTI OFFICE OF THE DIRECTORATE OF MEDICAL EDUCATION ASSAM KHANAPARA GUWAHATI-22

Advocate for the Petitioner : MS. S B CHOUDHURY,

Advocate for the Respondent : GA, ASSAM, SC, HEALTH

BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

06.04.2026

Heard Ms. SB Choudhury, learned counsel for the petitioner. Also heard Mr.

DP Borah, learned Standing Counsel, Health Department.

The claim of the writ petitioner before this Court is that although the petitioner was short listed on the basis of the mark secured in the written examination and was directed to appear for the skill test and documents verification for the post of Radio Therapy Technician, however, the petitioner

was not selected. It is the claim of the petitioner that he satisfies all the norms

and qualification and therefore, his selection could not have been overlooked by the respondents authority.

Pursuant to the issuance of notice, the respondent no.3 has filed an affidavit where at Paragraph-6 following averments have been made:

Page No.# 3/4

“6. That as regards the statements made in Paragraphs 5, 7 & 8 of the petition, your deponent states that on review of documents of the petitioner, it has been found that he has possessed the required minimum qualification as per the advertisement and is therefore eligible for the post of Radio Therapy Technician.”

From the perusal of the affidavit it is seen that the respondents have reverified the claims made by the petitioner and has found that he possesses the required qualification as per the advertisement and was therefore eligible for the post of Radio Therapy Technician.

In view of such categorical stand of the respondents it is clear that the claim of the writ petitioner in the present proceedings is well founded. Accordingly, the writ petition stands allowed, with a direction to the respondent no.3, namely, the Director of Medical Education (DME) to issue necessary order for appointment of the writ petitioner to the post of Radio Therapy Technician as pursuant to the review undertaken by the Department, the petitioner has been found to be eligible as he satisfies the required minimum qualification as per the advertisement dated 06.12.2024. Let the order of appointment be issued immediately within a period of 4 (four) weeks from the date of receipt of a certified copy of this order.

The writ petition stands disposed of in terms of the above.

Interim order, if any, stands merged.

Page No.# 4/4

Pending Interlocutory Application, if any, stands disposed of.

JUDGE

Comparing Assistant