Gauhati High Court
Page No.# 1/6 vs The State Of Assam And Ors on 15 September, 2025
Page No.# 1/6
GAHC010268832024
2025:GAU-AS:12615
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/4026/2024
ANJAN MITRA
SON OF SHRI RASHA RANJAN MITRA, RESIDENT OF MEHERPUR, NEAR
A.S.E.B. COLONY, SILCHAR- 15.
VERSUS
THE STATE OF ASSAM AND ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE
DEPARTMENT, DISPUR, GUWAHATI- 781006
2:THE SILCHAR MEDICAL COLLEGE AND HOSPITAL
SILCHAR
REPRESENTED BY- THE PRINCIPAL CUM CHIEF SUPERINTENDENT
SILCHAR MEDICAL COLLEGE AND HOSPITAL
SILCHAR.
3:THE PRINCIPAL CUM CHIEF SUPERINTENDENT
SILCHAR MEDICAL COLLEGE AND HOSPITAL
SILCHAR
Advocate for the Petitioner : MR A N AHMED, MR.I CHOUDHURY,MS.B SARMA
Advocate for the Respondent : SC, HEALTH, GA, ASSAM
Linked Case : WP(C)/1169/2011
Page No.# 2/6
ANJAN MITRA and 3 ORS
SON OF SHRI RADHA RANJAN MITRA
RESIDENT OF MEHERPUR
NEAR A.S.E.B. COLONY
SILCHAR- 15.
2: SHRI UJJAL ROY CHOUDHURY
SON OF LATE KAMAKHYA ROY CHOUDHURY
RESIDENT OF ATHALBASTI
SIBBARI ROAD
DISTRICT- CACHAR
ASSAM.
3: SHRI SHIBU NATH
SON OF LATE UPENDRA CHANDRA NATH
SHIBALIKE PART
MEHERPUR
DISTRICTY- CACHAR
ASSAM.
4: SHRI TUTON PAUL
SON OF SHRI KRIPS SINDHU PAUL
RESIDENT OF GHUNGOOR KALIBARI ROAD
SILCHAR- 14.
VERSUS
THE STATE OF ASSAM AND ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR
GUWAHATI- 781006
2:THE SILCHAR MEDICAL COLLEGE AND HOSPITAL
SILCHAR
REPRESENTED BY- THE PRINCIPAL CUM CHIEF SUPERINTENDENT
SILCHAR MEDICAL COLLEGE AND HOSPITAL
SILCHAR.
3:THE PRINCIPAL CUM CHIEF SUPERINTENDENT
SILCHAR MEDICAL COLLEGE AND HOSPITAL
SILCHAR.
------------
Page No.# 3/6
Advocate for : MR.S BANIK
Advocate for : SC
HEALTH appearing for THE STATE OF ASSAM AND ORS
BEFORE
HON'BLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
15.09.2025
None appears for the applicant on call. Heard Mr. A. Rahman,
learned counsel, appearing on behalf of the Mr. D.P. Borah, learned
Standing Counsel, Health, for the respondents.
2. It appears that the instant interlocutory application has been
filed seeking correction of the name of the father of the writ petitioner
No. 1 in WP(C) No.1169/2011, wherein while disposing the said writ
petition by judgment & order dated 10.09.2018, the father's name of
the writ petitioner No.1 was wrongly reflected in the cause-title of the
said judgment & order as "Shri Radha Ranjan Mitra" instead of "Shri
Rasha Ranjan Mitra".
3. Mr. A. Rahman, learned counsel, submits that he has not
received any instruction to oppose to the prayer made in the instant
interlocutory application.
4. Having heard and having perused the averments made in
support of the relief sought for in the interlocutory application, it
appears that the father's name in the cause title of the judgment &
order dated 10.09.2018 has been wrongly shown as "Shri Radha
Page No.# 4/6
Ranjan Mitra" instead of "Shri Rasha Ranjan Mitra".
5. Relevant paragraphs of the interlocutory application read as
under:
"2. That, the Applicant begs to state that the Writ Petitioners
approached before this Hon'ble Court by way of filing Writ Petition
which was registered and numbered as W.P.(C). No. 1169/2011 on
the grievance that pursuant to the advertisement issued by the
Principal -Cum- Chief Superintendent of Silchar Medical College
and Hospital, Silchar in the year 2008 for filing up of various posts
including Grade-IV posts, Store Keeper, Ward Boy etc., the Writ
Petitioners duly applied for the same. The Writ Petitioners also
participated in the selection process. But number of candidates had
been appointed without remedial measures.
3. That, the Hon'ble High Court after perusal of the records and
hearing the parties was pleased to dispose of the matter vide
Judgement and Order dated 10.09.2018 where the father's name
of the Writ Petitioner No.1 was inadvertently/wrongly recorded as
"SHRI RADHA RANJAN MITRA" instead of "SHRI RASHA RANJAN
MITRA"
4. That, the actual fact and correct name of the father of the Writ
Petitioner No.1 is "SHRI RASHA RANJAN MITRA" which is required
to be rectified by this Hon'ble Court as the name of the Writ
Petitioner No.1 is highly reflected in his VOTER ID CARD bearing
No. FZW5144207 and PAN CARD bearing No. BRQPM7498Q.
5. That, the applicant begs to state that he has duly made an
Affidavit on 24.06.2024 declaring that his father's actual and
correct name is "SHRI RASHA RANJAN MITRA" instead of "SHRI
RADHA RANJAN MITRA".
6. That, the applicant respectfully submits that the aforesaid
mistake was not intentional on the part of the applicant but due to
unavoidable circumstances and as such, the same may be rectified
by this Hon'ble Court.
7. That, the Petitioner submits that Petitioner has been appointed
against Grade-IV post on 09.04.2024 at Silchar Medical College
and Hospital vide Judgement and Order of the Hon'ble High Court
dated 10.09.2024 passed in W.P.(C). No. 1169/2011 and sustain
Page No.# 5/6
the Petitioner has been rendering his service till date. But he is
unable to draw his salary due to the incorrect name reflected in
Writ Petition being W.P.(C). No. 1169/2011. Hence, this I.A Petition
for rectification of this father's name.
8. That, the applicant begs to state that he already filed a I.A
Petition bearing registration No. I.A. (Civil) No. 1992/2024 for
rectification of his father's name but he has been allow to withdraw
with a liberty to file a fresh I.A. Petition due to some major typical
mistake in the I.A. Petition No. 1992/2024 vide Order dated
11.12.2024 passed by this Hon'ble High Court. Hence, the instant
I.A. Petition for correction of his father's name again."
6. Reading the aforesaid averments it appears that since the writ
petitioner had inadvertently typed the name of his father as Shri
Radha Ranjan Mitra in the cause title of the connected writ petition
since disposed of, instead of Shri Rasha Ranjan Mitra, the name of the
father has been mistakenly typed out in the judgment & order of this
court.
7. Pertinent that the applicant Anjan Mitra has sworn an affidavit on
24.06.2024 before the jurisdictional Notary Officer declaring that his
father's actual name is Shri Rasha Ranjan Mitra and not Shri Radha
Ranjan Mitra. It is further apparent that since the name of the writ
petitioner's father has been incorrectly reflected in the cause-title of
the judgment & order dated 10.09.2018 passed in WP(C) No.
1169/2011, the applicant is unable to draw his salary from the Silchar
Medical College and Hospital, Silchar.
8. That being so, in the interest of justice, the instant interlocutory
application is allowed by rectifying the father's name of the writ
petitioner No. 1, i.e., Anjan Mitra, as "Shri Rasha Ranjan Mitra"
instead of "Shri Radha Ranjan Mitra", in the judgment & order of
Page No.# 6/6
WP(C) No.1169/2011, since disposed of on 10.09.2018.
9. Accordingly, the name of the petitioner's father figured in the
cause title of the said judgment & order dated 10.09.2018 in WP(C)
No.1169/2011 shall now be read as "Shri Rasha Ranjan Mitra"
instead of "Shri Radha Ranjan Mitra.
10. The judgment & order dated 10.09.2018 in WP(C) No.1169/2011
stands corrected to that extent above.
11. This order shall form part of the judgment & order dated
10.09.2018 in WP(C) No.1169/2011.
12. The interlocutory application is accordingly disposed of.
13. Let Registry communicate this order to the applicant/writ
petitioner No.1 in WP(C) No.1169/2011 forthwith.
JUDGE
Comparing Assistant
