Ms. Mousumi Bora vs The State Of Assam And 8 Ors
2023 Latest Caselaw 669 Gua

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GAHC010038402023




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

                          Case No. : WP(C)/1002/2023

         MS. MOUSUMI BORA
         D/O DAMBARU BORA, R/O VILL MILAN NAGAR, P.O. AND P.S.-JORHAT,
         PIN-785001, DIST-JORHAT, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 8 ORS.
         REPRESENTED BY ITS CHIEF SECRETARY TO THE GOVERNMENT OF
         ASSAM, DISPUR, GUWAHATI-6

         2:THE CHAIRMAN
          STATE LEVEL RECRUITMENT BOARD
         ASSAM
          MAHADEVPUR
          REHABARI
          GROUND FLOOR
         APHC BUILDING
          GUWAHATI-781008DIST-KAMRUP (M) ASSAM

         3:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM
          SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT
          DISPUR
          GUWAHATI-06
          DIST-KAMRUP (M)
         ASSAM

         4:THE DIRECTOR
          SOCIAL WELFARE DEPARTMENT
          GOVERNMENT OF ASSAM
          GUWAHATI
          DIST-KAMRUP(M)
         ASSAM
                                                                         Page No.# 2/8


            5:THE GAUHATI UNIVERSITY
             REPRESENTED BY ITS REGISTRAR
             GOPINATH BORDOLOI NAGAR
             P.O.-GAUHATI UNIVERSITY
             P.S.-JALUKBARI
             GUWAHATI-14
             DIST-KAMRUP (M)
            ASSAM

            6:THE CONFINDENTIAL TEAM GAUHATI UNIVERSITY
             GOPINATH BORDOLOI NAGAR
             P.O.-GAUHATI UNIVERSITY
             P.S.-JALUKBARI
             GUWAHATI-14
             DIST-KAMRUP (M)
            ASSAM

            7:TEH ADDITIONAL SECRETARY TO THE GOVERNMENT OF ASSAM
             SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT
             DISPUR
             GUWAHATI-06
             DIST-KAMRUP (M)
            ASSAM

            8:ROLL NO. 2037079
             UNDER RANK NO. 114 IN SERIAL NO. 127 SELECTED IN FISHERY
            DEPARTMENT IN THE LIST DATED 31.01.2023

            9:ROLL NO. 2034218
             UNDER RANK NO. 91 IN SERIAL NO. 91 SELECTED IN ANIMAL
            HUSBANDRY AND VETERINARY DEPARTMENT IN THE LIST DATED
            31.01.202

Advocate for the Petitioner   : MR D BHATTACHARYA

Advocate for the Respondent : GA, ASSAM




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

22.02.2023 Heard Mr. D. Bhattacharya, learned counsel for the petitioner. Also heard Page No.# 3/8

Ms. D. Borah, learned counsel for the respondents No. 1, 2 & 4; Ms. J. Gogoi, learned counsel for the respondent No. 3 & 7 and Mr. P.J. Phukan, learned Standing Counse, Gauhati University for the respondents No. 5 & 6.

2. The petitioner is a differently abled person with a Disability of Blindness or Low Vision (BLV) and having 100% Disability which is not likely to improve. The Disability of the petitioner was duly certified by a certificate No. PMR/640 dated 19.05.2018 issued by the Joint Director, Health Service, Jorhat Assam. The petitioner has studied upto class-VIII as certified by the Headmaster of Janajyoti Miching High School, Jorhat. She is also been allotted a unique Disability ID issued by the Government of India under AS1310219920005083 dated 18.12.2020 stating that her disability as 100%.

3. In response to the Advertisement dated 30.12.2018 issued by the respondents for recruitment for different posts in Grade-III and Grade-IV under different departments of the State which are reserved exclusively for persons with disabilities, the petitioner applied for the same under the category of Blind or Low Vision (BLV) by her application Registration No. 417019052 dated 28.01.2019. In her application, as per the requirement she submitted preferences for three departments, namely, Elementary Education, Irrigation Department and Fishery Department. The petitioner was issued her admit card with a Roll No. 2034900 and her Registration No. 417019052. She appeared before the interview and was satisfied with her performance and was expecting to be selected.

4. According to the petitioner, in the merit list made available to her, she was at Sl. No. 131, where her name along with her Roll No. was reflected and she was shown selected. Pursuant thereto vide Notification No. SJED/254801/25 dated 19.12.2022 issued by the Joint Secretary to the Government of Assam, Page No.# 4/8

Social Justice and Empowerment Department, Dispur, the petitioner's name appeared in the list of selected candidates who were required to appear for the medical examination. By the Notification, the selected candidates were required to appear for the medical test as per the dates and the Roll Nos. mentioned in the said Notification. In so far as the petitioner is concerned, the date was fixed on 24.12.2022 under the category of Blind or Low Vision and her Roll No 2034900 was reflected in the said Notification. While the matter was situated thus, the Gauhati University published anotherdepartment-wise list on 31.01.2023, purportedly in exercise of Order dated 21.12.2022 in W.P(C) No. 8289/2022 and order dated 09.01.2023 in I.A(C) No. 24/2023 for PWD candidates for appointment. The said list reflected inter alia the Roll Nos. and the allotted departments. According to the petitioner, her name which was reflected in the select list as well as in the Notification dated 19.12.2022 for medical test was found missing from the said subsequent list published by the Gauhati University on 31.01.2023. However, against Sl. No. 127, Roll No. 2037079 was reflected against the Fishery Department. The said Roll No. Was shown with an asterisk mark which following note appended at the bottom of the list :

* Included in pursuance of the Judgment & Order dated 21.12.2022 in W.P(C) No. 8289/2022; which inclusion consequently removes the Roll No. 2034900

5. According to the petitioner, the Gauhati University purportedly in terms of the order dated 21.12.2022 passed by this Court had removed the name of the petitioner with the candidates now shown at Sl. No. 127. Pursuant thereto a fresh Notification by Notification dated 19.02.2023 published in Assam Tribune Newspaper, reflecting the names of the candidates under the various categories Page No.# 5/8

of disabilities who are required to appear for medical test on the dates mentioned therein. Under the category of Blind & Low Vision, the number found in the subsequent list issued by the Gauhati University at Sl. No. 127 being Roll No. 2037079 was found mentioned in the said Notification. The Roll No. of the petitioner was not found mentioned in the Notification dated 19.02.2023 under any category against any department. Aggrieved, the petitioner has approached this Court for appropriate order.

6. The learned counsel for the petitioner has referred to the order dated 21.12.2022 passed in W.P(C) No. 8289/2022. By the said order this Court had disposed of the writ petition at the motion stage without issuing any Notice. The petitioners therein had questioned the select list published by the Gauhati University and on the submissions made, this Court disposed of the writ petition with the following directions:

"4. In view of the limited grievance raised that the merit list had

been published in a manner, which is contrary to Clauses 7 and 8(vii) of the advertisement dated 30.12.2018, we direct the Registrar of the Gauhati University to look into the aspect as to in what manner the merit lists are to be prepared i.e. whether department wise or in general and after examining the matter, the Registrar shall pass reasoned order and if necessary to do any rectification work that may be required under the law. The requirement be done within a period of seven days from the date of receipt of a certified copy of this order.

5. Till the reasoned order is passed by the Registrar, any list tha may have been published, may not be acted upon any further in respect of Grade-IV posts."

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7. The learned counsel for the petitioner submits that the Gauhati University purportedly in terms of the directions by this Court had now altered the select list and removed the name of the petitioner from the select list and thereby depriving her although she was validly selected through the selection process.

8. Mr. P.J. Phukan, learned Standing Counsel, Gauhati University was permitted to obtain instructions as to the steps taken by the Gauhati University purportedly in terms of the directions of this Court vide the order dated 21.12.2022. Since the matter was moved as an unlisted matter yesterday i.e. on 21.02.2023, Mr. Phukan requested for and was permitted to obtain instructions and matter was directed to be listed today.

9. When the matter is called up today, Mr. Phukan submits that the complete instructions are not available because of paucity of time. He, however, submits that in terms of the directions of this Court vide the order dated 21.12.2022, the Gauhati University had to re-calibrate the merit list and accordingly, certain changes were brought in and in pursuance to which the petitioner's name was not included. He further submits that the medical test now notified as per Notification vide E.No. 254801/79 published on 19.02.2023 will only be restricted to those candidates with the Roll Nos. mentioned in the said Notification. Since the petitioner's Roll No. was not there, she cannot claim to undergo any medical test in terms of the said Notification.

10. The learned counsels for the parties have been heard. The order dated 21.12.2022 of this Court has been carefully perused.

11. The order of this Court held that the merit list was published contrary to Clauses 7 and 8(vii) of the advertisement dated 30.12.2018, the Registrar of the Gauhati University was directed to look into this aspect and as to the manner in Page No.# 7/8

which the merit lists were prepared namely, the department-wise or in general. After due examination, the Registrar was directed to pass reasoned order and if required to do any rectification work that may be required under the law. The said directions were required to be carried out within a period of 7(seven) days from the date of receipt of a certified copy of the order. The merit list published was not interfered with.

12. Mr. Phukan, learned Standing Counsel submits that there was a reasoned order published by the Registrar, Gauhati University but a copy of which at present is not available with him and he would like to place the entire records along with the instructions before the Court on the next date.

13. Considering the fact that the petitioner was duly selected under the Blind & Low Vision category and her name was reflected in the Notification requiring her to appear before the medical test. The subsequent list indicating that Roll No. 2037079 is included in respect of Fishery Department in place of the petitioner whose Roll No was 234900 which was included in the part of the select list.

14. This court is of the view that the matter will require some consideration. Therefore, let Notices be issued making it returnable in 4 weeks.

15. As learned counsels for the respondents No. 1 to 7 have appeared, no fresh Notice needs to be served upon them. However extra copies of the writ petition be furnished to the respective counsels appearing for the respondents within a period of one week from today.

16. Two extra copies of the writ petition shall also be furnished by the learned counsel for the petitioner and handed over to the learned Standing Counsel for Gauhati University for enabling service on respondents No. 8 & 9 who are Page No.# 8/8

reflected only through their Roll Nos. as proper names are not available.

17. Mr. Phukan, learned Standing Counsel will ensure service on respondent Nos. 8 and 9 through the Gauhati University and thereafter file necessary compliance thereof by way of an affidavit.

18. In the meanwhile, one Grade-IV post in any of the Departments namely, Elementary Education, Fishery Department or Irrigation Department which were the three departments of choice of the petitioner in her application, under the Blind & Low Vision category shall not be filled up without further orders from this Court.

19. The petitioner shall may be permitted to appear for the medical test scheduled on 24.02.2023 by virtue of this Court's order. However, the same shall not confer any right for appointment by itself.

20. List this matter, accordingly, after four weeks enabling the respondent counsels to complete their instructions and file their respective affidavits.

JUDGE

Comparing Assistant