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Gauhati High Court
Kaushik Das vs The State Of Assam And 12 Ors on 9 March, 2026
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/7
GAHC010109312024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2869/2024
KAUSHIK DAS
S/O- JOY KRISHNA DAS, ADDRESS- H/NO. 128, NEAR PATHO PLUS CLINIC,
A.T.ROAD, MALIGAON CHARIALI, GUWAHATI- 781011
VERSUS
THE STATE OF ASSAM AND 12 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, PERSONNEL (A), DISPUR, GUWAHATI-6,
DISTRICT- KAMRUP (M), ASSAM
2:THE SECRETARY
GOVERNMENT OF ASSAM
PERSONNEL (A)
DISPUR
GUWAHATI-6
DISTRICT- KAMRUP (M)
ASSAM
3:STATE LEVEL RECRUITMENT COMMISSION FOR CLASS-III POSTS
ASSAM ADMINISTRATIVE STAFF COLLEGE
REPRESENTED BY ITS CHAIRMAN
JAWAHARNAGAR
KHANAPARA
GUWAHATI-22
DISTRICT- KAMRUP (M)
ASSAM
4:THE SECRETARY
STATE LEVEL RECRUITMENT COMMISSION FOR CLASS-III POSTS
ASSAM ADMINISTRATIVE STAFF COLLEGE
JAWAHARNAGAR
Page No.# 2/7
KHANAPARA
GUWAHATI-22
DISTRICT- KAMRUP (M)
ASSAM
5:THE SECRETARY
MEDICAL EDUCATION AND RESEARCH DEPARTMENT
GOVT. OF ASSAM
DISPUR
GUWAHATI- 781006
ASSAM
6:THE PRINCIPAL-CUM-CHIEF SUPERINTENDENT
GAUHATI MEDICAL COLLEGE AND HOSPITAL
BHANGAGARH
GUWAHATI-32
7:THE PRINCIPAL SECRETARY
SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT
GOVT. OF ASSAM
BLOCK-D
1ST FLOOR
DISPUR
JANATA BHAWAN
GUWAHATI- 781006
8:THE JOINT SECRETARY
SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT
GOVT. OF ASSAM
BLOCK-D
1ST FLOOR
DISPUR
JANATA BHAWAN
GUWAHATI- 781006
9:THE COMMISSIONER
FOR PERSONS WITH DISABILITIES
ADDRESS- LATAKATA BASISTHA
GUWAHATI- 781029
KAMRUP (M)
ASSAM
10:THE REGISTRAR
COOPERATIVE SOCIETIES
ASSAM
KHANAPARA
GUWAHATI- 781022
KAMRUP (M)
Page No.# 3/7
ASSAM
11:THE JOINT SECRETARY
COOPERATION DEPARTMENT
DISPUR
GUWAHATI- 781006
KAMRUP (M)
ASSAM
12:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
GUWAHATI- 781006
KAMRUP (M)
ASSAM
13:THE MEDICAL BOARD
REPRESENTED BY THE PRINCIPAL-CUM-CHIEF SUPERINTENDENT
GAUHATI MEDICAL COLLEGE AND HOSPITAL
BHANGAGARH
GUWAHATI-32
14:THE PRINCIPAL SECRETARY
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
GUWAHATI-781006
KAMRUP(M) ASSAM
15:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
GUWAHATI-781006
KAMRUP (M)
ASSA
Advocate for the Petitioner : MR. FIRUZ KHAN, P. NATH,MS D BARUAH,DR AZIZ
KHAN,MR U CHAUDHURY,MR. ABHIJIT MENA,RHITUSHREE TALUKDAR
Advocate for the Respondent : GA, ASSAM, SC, HEALTH,MS. M D BORA (SC, CO-OPERATIVE
SOCIETIES),MR. C SARMA (SC, SOCIAL JUSTICE AND EMPOWERMENT),MR. D
UPAMANYA (SC, HEALTH DEPT.),MR B CHOUDHURY,MS. M BHATTACHARYYA,
Linked Case : WP(C)/2321/2024
KAUSHIK DAS
Page No.# 4/7
S/O- JOY KRISHNA DAS
R/O- H/NO. 128
NEAR PATHO PLUS CLINIC
A.T. ROAD
MALIGAON CHARIALI
GHY-781011.
VERSUS
THE STATE OF ASSAM AND 11 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
PERSONNEL (A)
DISPUR
GHY-6
DIST. KAMRUP(M)
ASSAM
2:THE SECRETARY
GOVERNMENT OF ASSAM
PERSONNEL (A) DEPARTMENT
DISPUR
GHY-6
DIST. KAMRUP(M)
ASSAM
3:STATE LEVEL RECRUITMENT COMMISSION FOR CLASS-III POSTS
ASSAM ADMINISTRATIVE STAFF COLLEGE
REP. BY ITS CHAIRMAN
JAWAHARNAGAR
KHANAPARA
GHY-22
DIST. KAMRUP(M)
ASSAM
4:THE SECRETARY
STATE LEVEL RECRUITMENT COMMISSION FOR CLASS-III POSTS
ASSAM ADMINISTRATIVE STAFF COLLEGE
JAWAHARNAGAR
KHANAPARA
GUWAHATI-22
DIST. KAMRUP(M)
ASSAM
5:THE SECRETARY
Page No.# 5/7
MEDICAL EDUCATION AND RESEARCH DEPARTMENT
GOVT. OF ASSAM
DISPUR
GHY-781006
ASSAM
6:THE PRINCIPAL-CUM-CHIEF
SUPERINTENDENT
GAUHATI MEDICAL COLLEGE AND HOSPITAL
BHANGAGARH
GHY-32.
7:THE PRINCIPAL SECRETARY
SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT
GOVT. OF ASSAM
BLOCK-D
1ST FLOOR
DISPUR
JANATA BHAWAN
GHY-781006.
8:THE JOINT SECRETARY
SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT
GOVT. OF ASSAM
BLOCK-D
1ST FLOOR
DISPUR
JANATA BHAWAN
GHY-781006.
9:THE COMMISSIONER
FOR PERSONS AND DISABILITIES
R/O- LATAKATA
BASISTHA
GHY-781029
KAMRUP(M)
ASSAM
10:THE REGISTRAR
COOPERATIVE SOCIETIES
ASSAM
KHANAPARA
GHY-781022
KAMRUP(M)
ASSAM
11:THE JOINT SECRETARY
Page No.# 6/7
COOPERATION DEPARTMENT
DISPUR
GHY-781006
KAMRUP(M)
ASSAM
12:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
GUWAHATI-781006
KAMRUP(M)
ASSAM
------------
Advocate for : MR. FIRUZ KHAN
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 11 ORS
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
09.03.2026
Mr. Firuz Khan learned counsel for the petitioner, Mr. D. Upamanya,
learned Standing Counsel for the Health, Mr. B. Choudhury, learned counsel for
the Respondent No. 3 & 4, Ms. M. D. Bora, learned Standing Counsel for the
Respondent No. 10 & 11, Ms. S. Baruah, learned counsel for Personal
Department, Ms. Tinlung on behalf of Mr. R.M. Das, learned counsel for Social
Justice and Empowerment.
2. In terms of the earlier orders passed, the Health Department was
required to produce the relevant medical reports in respect of the writ petitioner
to show as to how the evaluation with regard to the percentage of disability the
writ petition was conducted. This is in view of the challenge made by the writ
petitioner to the findings arrived at, on the ground that at the district level the
competent officer had evaluated the disability of the writ petitioner to the extent
of 57 percent, whereas the subsequent medical test undertaken had brought
Page No.# 7/7
down the disability to 23 percent. As a consequence thereof, in view of the
subsequent medical examination, the petitioner's disability has fallen below the
benchmark disability and consequently his eligibility for being selected and
appointed in the concerned selection process has been affected. In that context,
the medical evaluation records in respect of writ petitioner was called for.
3. Mr. D. Upamanya, learned Standing Counsel, Health submits that he
be permitted a week time to furnish this records.
4. Ms. M. D. Bora, learned Standing Counsel for the respondents, on the
other hand, has placed before the court that the status of the vacancies to
submit that out of five posts reserved for PwBD category, only one post was
filled up and remaining four posts remain vacant due to lack of suitable
candidates.
5. Considering the above let the matter be listed again on 30.03.2026.
JUDGE
Comparing Assistant
