Dismissed¶46

Subhadra Sarma v. the State of Assam and 5 Ors.

Gauhati HC16 Jul 2026WP(C)/680/2019

Case brief

AI extract

What is this about?

Tezpur Medical College and Hospital; cancellation of recruitment; advertisement dated 18-06-2015; Gr-III and Gr-IV posts; post of Attender/Attendant; viva-voce; select list not published; W.P.(C) No. 924/2016; order dated 23-06-2016; Assam Public Services (Direct Recruitment of Class-III and Class-IV posts) Rules, 1997; Assam Fiscal Responsibilities and Budget Management Act, 2005; policy decision; fresh advertisement; posts filled up; WP(C)/680/2019; Gauhati High Court; Justice N. Unni Krishnan Nair; 17-07-2026.

What did the court decide?

The policy decision taken by the respondent authorities cancelling the recruitment process, being applicable to all the posts put up for recruitment vide the advertisement dated 18-06-2015, does not mandate interference from this Court. ¶45

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

What the court decided

AI extract

Outcome

Dismissed

¶46

Issue for consideration

Whether the communication dated 27-07-2017 issued by the Secretary to the Govt. of Assam, Health & Family Welfare Department, cancelling the recruitment process initiated vide advertisement dated 18-06-2015 for Gr-III and Gr-IV posts at Tezpur Medical College & Hospital, calls for interference by this Court. +1 more

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Court's answer

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Ratio / Principle

The posts put up for recruitment vide the advertisement dated 18-06-2015 were, upon cancellation of the recruitment process, again put up for recruitment by way of a fresh advertisement and, on conclusion of the recruitment process, have already been filled up.

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Key takeaways

The claim made by the petitioner does not mandate acceptance; the writ petition is devoid of any merit and consequently stands dismissed, with no order as to cost.ratio¶46

Detailed headnote1 paragraphs

Writ Petition (C) No. 680/2019, Gauhati High Court (N. Unni Krishnan Nair, J.), order dated 17-07-2026: The petitioner challenged a communication dated 27-07-2017 issued by the Secretary to the Govt. of Assam, Health & Family Welfare Department, cancelling the recruitment initiated vide advertisement dated 18-06-2015 against Gr-III and Gr-IV posts (including the post of Attender) at Tezpur Medical College & Hospital. The petitioner had qualified in the written examination and appeared in the viva-voce, but the select list for the post of Attender was never published. The cancellation rested on the ground that the recruitment was unilaterally initiated by the Principal of the institution without prior approval of the Government and the Finance Department, and in violation of the Assam Public Services (Direct Recruitment of Class- III and Class- IV posts) Rules, 1997 and the Assam Fiscal Responsibilities and Budget Management Act, 2005. The Court noted that the decision to cancel applied to all the posts advertised, not selectively, and that after cancellation the posts were re-advertised and filled up. Holding that such a policy decision did not mandate interference, the Court dismissed the writ petition, with no order as to cost.

Page No.# 1/7

GAHC010005392019

2026:GAU-AS:9817

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

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Case No. : WP(C)/680/2019

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SUBHADRA SARMA

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W/O- SRI BIPUL PHAYEL, R/O- VILL- DHIRAIMAJULI, P.O. GORUDUBA, DIST- SONITPUR, ASSAM, PIN- 784149

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VERSUS

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THE STATE OF ASSAM AND 5 ORS. REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GHY-6

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2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPTT. DISPUR GHY- 6 ASSAM 3:THE SECY. TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPTT. DISPUR GHY-6 ASSAM

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4:THE COMM. AND SECY. GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-6 ASSAM

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5:THE DIRECTOR OF MEDICAL EDUCATION ASSAM SIXMILE KHANAPARA

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Page No.# 2/7

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GHY- 22 ASSAM

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6:THE PRINCIPAL CUM CHIEF SUPERINTENDENT TEZPUR MEDICAL COLLEGE AND HOSPITAL TEZPUR ASSA

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Advocate for the Petitioner : MR. P SARMAH, MR. B KUMAR,MR. S UPADHAY

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Advocate for the Respondent : GA, ASSAM, SC, HEALTH,SC, FINANCE DEPTT.

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BEFORE

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HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 17-07-2026

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Heard Mr. S. Upadhyay, learned counsel for the petitioner. Also heard Mr. B. Gogoi,

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learned Addl. Advocate General, Assam appearing for the State respondent.

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The petitioner in the present writ petition has presented a challenge to a communication dated 27-07-2017 issued by the Secretary to the Govt. of Assam, Health &

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Family Welfare Department, cancelling the recruitment initiated against the Gr-III & Gr-IV

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posts at Tezpur Medical College & Hospital in pursuance to an advertisement dated 18-062015.

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The petitioner in the present writ petition has contended that in pursuance to an advertisement dated 18-06-2015, inviting applications for recruitment against the various Gr-III and Gr-IV posts including the post of Attender available in the Tezpur Medical College & Hospital, Tezpur, the petitioner had submitted its candidature against the post of Attender. It is further contended that the petitioner had appeared in the selection process and basing on his performance, therein, the petitioner was confident that his

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name would figure in the select list. The selection process not being taken to its logical conclusion, persons similarly situated like the petitioner, herein, had approached this Court by way of instituting a writ petition being W.P.(C) No. 924/2016, raising a grievance with regard to the delay occasioning in taking the recruitment process initiated in pursuance to the advertisement dated 18-06-2015, to its logical conclusion. The Coordinate Bench of this Court vide order dated 23-06-2016, was pleased to dispose of the writ petition directing that the recruitment in question be taken to its logical conclusion within a period of 02 (two) months from the date of the order. It is in the above situation that the Secretary to the Govt. of Assam, H&FW Department, proceeded to issue a communication dated 27-07-2017, cancelling the recruitment process initiated for recruitment against Gr-III and Gr-IV posts in Tezpur Medical College & Hospital.

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Being aggrieved the petitioner has instituted the present writ petition.

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Mr. Upadhyay, learned counsel for the petitioner by reiterating the facts noticed, hereinabove, has submitted that the selection process having proceed to its last stage, the petitioner having also participated in the viva-voce segment of the selection process, the respondent authorities could not have kept the matter pending causing prejudice to the petitioner. It is submitted that the selection process was mandated to be taken to its logical conclusion and in the event, the petitioner was within the merit position mandated for appointment against the post of Attender, he was required to issued with an order appointing him against the post. It is submitted that the respondent authorities had published the select list with regard to the certain posts, however, the select list against the post of Attender was not so published. Mr. Upadhyay has further submitted that the

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reasons assigned in the communication dated 27-07-2017, would not mandate an acceptance, inasmuch as, said reasons are vague to the core of it and could not have been projected for the purpose of cancellation of a due process of selection initiated by an authority competent to do so.

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4.1. In the above premises, Mr. Upadhyay submits that the order dated 27-07-2017, would mandate interference from this Court, with a further direction to the respondent authorities to take the selection process as initiated in pursuance to the advertisement dated 18-06-2015, to its logical conclusion and effect appointment against the advertised post on merit.

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Per contra, Mr. B. Gogoi, learned Addl. Advocate General, Assam appearing for the respondent by referring to the communication dated 27-07-2017, has submitted that the recruitment process as initiated by the Principal of the Tezpur Medical College & Hospital, Tezpur, was so initiated without receiving a prior approval for the same from the Government. He submits that an approval was mandated to be received from the Finance Department before the posts in question were put up for recruitment, however, no such approval is found to have been so taken prior to issuance of the advertisement in question. Mr. Gogoi further submits that recruitment exercise was undertaken by the Principal of the Tezpur Medical College & Hospital, Tezpur, in clear violation of the provision of the Assam Public Services (Direct Recruitment of Class- III and Class- IV posts) Rules, 1997. Accordingly, it is submitted that on a review of the matter, the Government in the Health & Family Welfare Department proceeded to cancel the recruitment process as initiated vide advertisement dated 18-06-2015. Mr. Gogoi, on

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instructions, further submits that the posts involved were, thereafter, put up for recruitment and on conclusion of the process of recruitment, the said posts have already been filled up.

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I have heard the learned counsel for the parties and have also perused the materials available on record.

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It is an admitted position that the petitioner, herein, had submitted his candidature for the post of Attendant (Dissection, Central Photographic cum Audio Visual Unit, Central Workshop), in pursuance to a recruitment process initiated for the said post vide issuance of an advertisement dated 18-06-2015. The petitioner had qualified in the written examination segment of the said selection process and had also appeared in the viva-voce segment of the selection process, however, the select list against the posts of Attender was not published. Persons similarly situated like the petitioners had approached this Court raising a grievance with regard to the delay occasioning in conclusion of the selection process initiated in pursuance to the advertisement dated 18-06-2015. A Coordinate Bench of this Court noticing that during the pendency of the case, the result of the written tests were declared on 21-05-2016 and a viva-voce examination was also completed, proceeded to dispose of the writ petition with a direction to the Principal-cumChief Superintendent, Tezpur Medical College & Hospital to take immediate steps for declaration of the results. It is projected by the petitioner in the writ petition that the declaration of the results was done in selective manner against certain posts put up for recruitment vide advertisement dated 18-06-2015. However, the select list for the posts of Attender as put up for recruitment vide the said advertisement dated 18-06-2015 was not

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published. It is at this stage, that the Government in the H&FW Department, on a review of the recruitment process as initiated in the matter by the Principal of the Tezpur Medical College & Hospital for filling up the vacant post of Gr-III and Gr-IV as available in the said Institution, having found that the selection was not so initiated after the approval in this connection was received from the Government in the H&FW Department and also after an approval for the same was so accorded by the Finance Department, Govt. of Assam; the selection process being unilaterally initiated by the Principal, Tezpur Medical College & Hospital without there being a sanction for the same from the Government, proceeded to cancel the same. It was further projected by the respondents that the selection process was so conducted in clear violation of the Assam Public Services (Direct Recruitment of Class- III and Class- IV posts) Rules, 1997 and also Assam Fiscal Responsibilities and Budget Management Act, 2005. In the said premises, the Government had arrived at a decision to cancel the selection process.

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This Court had raised a query with Mr. B. Gogoi, learned Addl. Advocate General, Assam, as to whether the cancellation was done selectively for certain posts and/ or recruitment process initiated for all the posts put up for recruitment vide the advertisement dated 18-06-2015 was cancelled. Mr. Gogoi, on instructions, has submitted that the decision to cancel the recruitment process was so applied to all the posts put up for recruitment vide the said advertisement dated 18-06-2015.

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In view of the stand taken by the respondent authorities in the communication dated 27-07-2017 and further the said decision being applied to all the posts put up for recruitment vide the advertisement dated 18-06-2015, this Court is of the considered view

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that the such policy decision taken by the respondent would not mandate interference from this Court. This Court also notices the submission made by Mr. Gogoi that the post put up for recruitment vide the advertisement dated 18-06-2015, upon cancellation of the recruitment process so initiated vide the communication dated 27-07-2017, was again put up for recruitment by way of issuance of a fresh advertisement and on conclusion of the recruitment process involved, the posts have already been filled up.

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In view of the above discussions, this Court finds that the claim made by the petitioner in the present writ petition would not mandate an acceptance. Accordingly, the present writ petition is held to be devoid of any merit and consequently, the same stands dismissed. However, there would be no order as to cost.

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JUDGE

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Comparing Assistant

Subhadra Sarma v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Subhadra Sarma v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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