Gauhati High Court
Page No.# 1/5 vs Jyoti Prasad Lahan And 12 Ors on 8 January, 2025
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/5
GAHC010296312019
2025:GAU-AS:303
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./42/2021
SHEHNAZ BEGUM
W/O- ABU NASER MD. WAHID, R/O- HOJAI TOWN, BISHNUPALLY, P.O. AND
DIST.- HOJAI, ASSAM- 782435.
2: SRI SANJIB KENWAR
S/O LATE DIPALI BARUAH KENWAR
RESIDENT OF MISSION ROAD
CHRISTIAN PATTY
NAGAON TOWN
P.O. AND P.S. NAGAON
DISTRICT - NAGAON ASSAM
PIN-782001.
3: MRS GITA SINGH KENWAR
W/O LATE RANJEEV KENWAR
DAUGHTER-IN-LAW OF LATE DIPALI BARUAH KENWAR
RESIDENT OF MISSION ROAD
CHRISTIAN PATTY
NAGAON TOWN
P.O. AND P.S. NAGAON
DISTRICT - NAGAON ASSAM
PIN-782001
VERSUS
JYOTI PRASAD LAHAN AND 12 ORS
S/O- LATE SANATAN LAHAN, WARD NO. 4 (BHEHPARA), PO- DHEMAJI,
ASSAM, PIN - 787057
2:HARAJYOTI MAZUMDAR
C/O MAHESH MAZUMDAR
BELTOLA COLLEGE ROAD
GUWAHATI-28
Page No.# 2/5
3:MAZEDUL ISLAM
S/O MOFIZUL ISLAM
VILL- NIDANPUR
PT-1
P.O/P.S- LAKHIPUR
DIST- GOALPARA PIN-783129
4:NAINA BHUYAN
C/O D. K BHUYAN
BOIRAGIMOTH
DIBRUGARH
PIN- 786003
5:DEEP JYOTI SARMAH
S/O DULAL SARMAH
SHANTI PATH
PHUKAN NAGAR SIVASAGAR
ASSAM
P.O- SIVASAGAR
PIN- 785640
6:JYOTISIKHA DAS
D/O- LATE DR. KAMESWAR DAS
GANDHINAGAR
BARPETA TOWN
P.O. AND DIST. BARPETA
PIN- 781301
ASSAM
7:NILOTHPAL PAUL
NEAR RAILWAY STATION
P.O. - PATHARKANDI
DIST- KARIMGANJ
ASSAM
PIN - 788724
8:ANIRBAN DAS
S/O- LT NITYANANDA DAS
P.O- BELTOLA
P.S- DISPUR
GUWAHATI- 781028
9:TRIDIB KR. TAW
S/O BAPUTY TAW
WARD NO. - NAKARI 3
P.O - NORTH LAKHIMPUR
Page No.# 3/5
ASSAM
PIN - 787001.
10:GITARTHA KUMAR
LATE PARASHU RAM KUMAR
R/O - DURGASAROBAR
GUWAHATI-9.
11:SADANANDA SAIKIA
S/O - SRI DEVESWAR SAIKIA
VILL - KADAM KACHARI
PO CHARAIMORIA
DIST - LAKHIMPUR
PIN-787001.
12:INDUBHUSAN DUTTA
S/O- MUKUL CHANDRA DUTTA
VILL- CHINATOLIA
P.O.- BOGOLIZAN
DIST.- LAKHIMPUR
PIN- 787031
13:KARENG BEYPI
D/O SONA SING BEY
VILL-BORDEKA
TERANG
P.O. - KAT TERON
P.S. - RONGMONGVE
DIST - KARBI ANGLONG
PIN - 782136
14:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE (A) DEPARTMENT
DISPUR
GUWAHATI-6.
15:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE (A) DEPARTMENT
DISPUR
GUWAHATI-6.
16:THE DIRECTOR OF HEALTH SERVICES
ASSAM
GUWAHATI/BTC/KOKRAJHAR/KARBI ANGLONG AUTONOMOUS
COUNCIL/N C HILLS AUTONOMOUS COUNCIL.
Page No.# 4/5
17:THE MISSION DIRECTOR
NHM
NATIONAL HEALTH MISSION
ASSAM
CHRISTIAN BASTI
GUWAHATI-5
Advocate for the Petitioner : MR. B DAS, MR. D THAOSEN,MR H K SARMA
Advocate for the Respondent : MR. K N CHOUDHURY, SC, HEALTH,FOR CAVEATOR,MR. J
PATOWARY
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
08.01.2025
Heard Mr. B Das learned Senior Counsel assisted by Mr. H K Sarma, learned counsel for
the petitioner.
2) The opposite party Nos. 1 to 13 herein preferred a writ petition being W.P.(C) No.
5729/2019 against the review petitioners, praying for a direction to the respondent authorities in
the Health and Family Welfare Department of the State, the Director of Health Services, Assam
and Mission Director, National Health Mission, Assam to allow those petitioners to join their
respective postings as District Malaria Officers (DMO) in terms of notification bearing No.
HLA.1303/2005/Pt-VIII/2009/279 dated 07.09.2016 and to take the said Notification dated
07.09.2016 to its logical conclusion by allowing the petitioners to join their service as District
Malaria Officers (DMO).
3) This Court, after hearing the parties, by an order dated 25.11.2019 allowed the said
writ petition being W.P.(C) No. 5729/2019, directing the respondents in the Health and Family
Welfare Department of the State to allow the petitioners therein to join their respective place of
posting as District Malaria Officers (DMO) forthwith in terms of the said Notification dated
07.09.2016, noted above, with the observation that such appointment and joining of the
petitioners would be, at best, subject to the outcome of ACB Police Station Case No. 18/2016.
Page No.# 5/5
4) The review petitioner has filed this review petition praying for review of the said order
dated 25.11.2019 passed in W.P.(C) No. 5729/2019 and stating therein that she had preferred a
Writ Appeal No. 27/2019 with regard to the said earlier Order passed in W.P.(C) No. 5729/2019
relating to the said notification dated 07.09.2016 that is pending for disposal before the Hon'ble
Division Bench and without considering the same, the said order dated 25.11.2019 was passed.
5) Mr. Das, learned Senior Counsel placed before the Court today that during the pendency of
this review petition, the Hon'ble Division Bench by judgment and order dated 03.10.2024 passed
in said Writ Appeal No. 27/2019 Shehnaz Begum Vs State of Assam and 18 Ors., came to the
finding that since almost 8 (eight) years have passed since the issuance of the select list by the
APSC and no appointment has been given to any of the selected candidates, the Court set aside
the selection process for the post of District Malaria Officer (DMO) and resultantly, the select list
dated 17.08.2016 as well as the entire selection process for the post of District Malaria Officer
(DMO), pursuant to the advertisement dated 15.12.2012 has been set aside.
6) Accordingly, the order dated 25.09.2018 passed by the learned Single Judge in W.P.(C) No.
853/2017 was modified and direction was given to the respondent APSC to conduct fresh
selection process for the post of District Malaria Officer (DMO) on the available vacancies in
accordance with law, as expeditiously as possible.
7) Since the order dated 25.11.2019 passed by this Court in WP(C) No. 5729/2019 has been
interfered with by the Hon'ble Division Bench vide judgment dated 03.10.2024 in Writ Appeal No.
27/2019 that was filed by the present Review Petitioner; hence, this review petition, being
infructuous, stands closed.
JUDGE
Comparing Assistant
