Page No.# 1/3 vs Dr Anup Kr. Barman And Anr
2022 Latest Caselaw 5115 Gua

                                                           Page No.# 1/3

GAHC010256872022




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

                         Case No. : Cont.Cas(C)/763/2022

         MRIDUL HAZARIKA ND 3 ORS
         S/O- JOGEN HAZARIKA,
         VILL 2 NO PITHAGURI,
         P.O- PITHAGURI,
         P.S- BIHPURIA,
         DIST- LAKHIMPUR, ASSAM, PIN-784163

         2: MRINAL MEDHI
          S/O- LATE NARAYAN MEDHI
          R/O - KUNDIL NAGAR
          BASISTHA CHARIALI

         P.O- BASISTHA
          DIST- KAMRUP (M)
         ASSAM
          GUWAHATI-29

         3: MD. NASIOR RAHMAN
          S/O- MD. ASHOK ALI
         VILL- MOURIPAM

         P.O- MANDIA
         P.S- BARBHAG

         DIST- BARPETA
         ASSAM
         PIN-781308

         4: ZAKIR HUSSAIN
          S/O- LATE NURUL HUSSAIN

         VILL- GHILAZARI
         P.O- GHILAZARI
                                                                                    Page No.# 2/3

            P.S- HOWLY
             DIST- BARPETA
            ASSAM
             PIN-78131

            VERSUS

            DR ANUP KR. BARMAN AND ANR
            DIRECTOR OF MEDICAL EDUCATION, ASSAM, SIXMILE, KHANAPARA,
            GUWAHATI-06

            2:PROF . DR. KARUNA HAZARIAKA
             PRINCIPAL CUM CHIEF SUPERINTENDENT
            TEZPUR MEDICAL COLLEGE AND HOSPITAL
            TEZPUR
             DIST- SONITPUR
            ASSAM
             PIN-78415

Advocate for the Petitioner   : MR. P K DEKA

Advocate for the Respondent :




                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                           ORDER

Date : 21-12-2022

Heard Mr. P.K. Deka, learned counsel for the petitioners.

2. This contempt petition is instituted alleging wilful and deliberate violation of the judgment and order dated 27.09.2022 in WP(C) No. 6279/2018, wherein the following directions were issued:

"31. Having decided the writ petition in the aforesaid manner, it is directed that the vacancies that have arisen and may arise shall be filled up by recasting the select list in question, on the basis of marks obtained by the candidates in the selection process and appoint those candidates who are found to be eligible on the basis of the qualification as per the advertisement dated 19.02.2011, including the petitioners, except the petitioner Nos. 2 & 4 who have withdrawn their names from the present petition.

32. The entire exercise shall carried out within a period of six weeks from today Page No.# 3/3

including the determination in respect of the respondent Nos. 7,8 and 9."

3. The grievance raised in the contempt petition is that the time limit of six weeks provided in para 32 of the afore-extracted judgment and order has not been adhered.

4. Accordingly, the respondent authorities in WP(C) No. 6279/2018 are directed to do the needful as provided in para 31 and 32 of the judgment and order dated 27.09.2022 in WP(C) No. 6279/2018 within a period of four weeks from today and pass a reasoned order on the same.

Contempt petition stands closed.

JUDGE

Comparing Assistant