[Cites 0, Cited by 0]
Gauhati High Court
Page No.# 1/6 vs The State Of Assam And 6 Ors on 12 March, 2026
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/6
GAHC010245542023
2026:GAU-AS:3765
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6489/2023
HIMADRI SHANKAR NATH AND 4 ORS
SON OF LATE JAGAT CHANDRA NATH,
VILL- DUBAPARA, MATIA,
P.O.- DUBAPARA, P.S.- MORNOI,
DIST- GOALPARA, ASSAM, PIN- 783101.
2: SAYED AHMED
SON OF SHRI EBAD ALI
VILL- MORICHBARI RESERVE (KORTIMARI)
P.O.- DHUMERGHAT
P.S.- LAKHIPUR
DIST- GOALPARA
ASSAM
PIN- 783330.
3: UPEN CHANDRA KALITA
SON OF NIROD CH. KALITA
VILL- BAPUJINAGAR WARD NO. 16
P.O.- BALADMARI
DIST- GOALPARA
ASSAM
PIN- 783101.
4: BIDYUT KUMAR NATH
SON OF LATE RAJ KUMAR NATH
VILL- DUBAPARA
P.O.- DUBAPARA
Page No.# 2/6
P.S.- MORNAI
DIST- GOALPARA
ASSAM
PIN- 783101.
5: SHERINAS BEGUM
W/O- SRI SHEFAT ALI
VILLAGE DHARAI
P.O.- DHARAI
DIST- GOALPARA
ASSAM
PIN- 783101
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE SOCIAL JUSTICE
AND EMPOWERMENT DEPARTMENT,
GOVERNMENT OF ASSAM,
DISPUR, GUWAHATI- 781006.
2:JOINT SECRETARY
DEPARTMENT OF EMPOWERMENT OF PERSONS WITH DISABILITIES
(DIVYANGJAN)
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
DISPUR
GUWAHATI- 781006.
3:THE DIRECTOR OF MINISTRY OF LABOUR AND EMPLOYMENT (DGE
AND T) VRC FOR HANDICAPPED
A.K. AZAD ROAD
GOPINATH NAGAR
GUWAHATI- 781016
ASSAM.
4:THE MEDICAL AUTHORITY
GOALPARA
DEPARTMENT OF EMPOWERMENT OF PERSONS WITH DISABILITIES
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
GOALPARA- 783121.
Page No.# 3/6
5:CHAIRMAN AND MEMEBERS OF DISTRICT STANDING MEDICAL BOARD
GOALPARA
783121.
6:THE PRINCIPAL OF GAUHATI MEDICAL COLLEGE
GUWAHATI
PIN NO. GUWAHATI- 781005
DISTRICT- KAMRUP(M)
ASSAM.
7:THE CHAIRMAN OF STATE LEVEL POLICE RECRUITMENT BOARD
ASSAM
REHABARI
GUWAHATI- 781008
Advocate for the Petitioner : MR. R C SAIKIA, MS. B DEVI,MR P BHARDWAJ,MS. K
SAIKIA,MS. N DEY
Advocate for the Respondent : GA, ASSAM, MRS. R DEVI (r-2),MR. J K GOSWAMI,MR R M
DAS, SC SOCIAL JUSTICE.,DY.S.G.I.
BEFORE
HON'BLE MR. JUSTICE SOUMITRA SAIKIA
O R D E R
12.03.2026
Heard Mr. R.C Saikia, learned senior counsel assisted by Ms. K. Saikia,
learned counsel appearing for the writ petitioners. Also heard Mr. J.K.
Goswami, learned Additional Senior Government Advocate, appearing for
respondent No.7. Also heard Mr. R. M. Das, learned Standing Counsel,
Social Justice and Empowerment Department, Assam and Mr. B. Gogoi,
learned Standing Counsel, Health and Family Welfare Department, Assam,
appearing for the respective official respondents.
2. The writ petitioners are individually holding Disability certificates
Page No.# 4/6
issued by the competent authority under the Department of Social Justice
and Empowerment, Assam, indicating the degree and nature of their
disability. According to the certificates held by them, each of the
petitioners meet the "Bench Mark" disability criteria of 40% disability, thus
making them eligible to seek Government employment as candidates
belonging to the Person with Disability (PwD) category. As such, on the
strength of these certificate(s), the petitioners had applied for and had
taken part in the recruitment process initiated by the Government
departments for filling up of a number of Grade-IV posts. However, after
the selection process was over, the writ petitioners have been asked to
appear before a specially constituted Medical Board so as to
verify/reassess the nature and extent of the disability suffered by them.
Aggrieved thereby, the present writ petition has been filed inter alia
contending that since the petitioners are holding a Disability Certificate
issued by the competent authority, there was no further requirement
under the law or any legal justification to subject the petitioners to further
scrutiny by another Medical Board, as have been done in their cases.
3. Taking note of the grievance expressed by the petitioners, this Court
had directed the learned Standing Counsel, Health and FW Department,
Assam, to obtain instructions. Today, when the matters were called up, Mr.
B. Gogoi, learned Standing Counsel, Health and FW Department, Assam,
submits that the role of the Health and FW Department, Assam, in these
cases, is only to the extent of constituting a Special Medical Board so as to
assess the nature and extent of disability suffered by the candidates, on
the request of the Nodal Department i.e. the Department of Social Justice
and Empowerment. Therefore, the Health Department does not have any
Page No.# 5/6
independent stand in the matter. He further submits that on such
verification, the disability of some of the candidates have been found to be
less than the "Bench Mark" of 40% disability. Mr. Gogoi, however, submits
that the outcome of the assessment by the specially constituted Medical
Board have already been forwarded to the Social Justice and
Empowerment Department, Assam, in respect of each candidate examined
by the Board.
4. Mr. J.K. Goswami, learned Additional Senior Government Advocate,
Assam and Mr. R.M. Das, learned Standing Counsel, Social Justice and
Empowerment Department, Assam, have submitted that in many cases, it
has been found that the disability condition varies from that mentioned in
the certificates and hence, this exercise.
5. By producing a copy of the Office Memorandum dated 21/05/2022
issued by the Government of Assam, Department of Personal, Dispur,
more particularly, clause- 5 of the OM, Mr. Goswami further submits that it
is permissible under the law to subject the candidates for
verification/reassessment of their disability through a competent
mechanism and hence, this exercise.
6. After hearing the learned counsel for the parties, this Court finds that
although all the petitioners are holding Disability Certificates which project
them as candidates suffering from "bench mark" disability, yet, it appears
that as per the opinion of the specially constituted Medical Board, the
disability of the writ petitioners have been found to be less than the
"Bench Mark" criteria of 40% disability. There may be cases where the
extent of disability of some of the candidates have undergone changes
since the issuance of their Disability Certificates or there was some error in
Page No.# 6/6
assessing their disability status either by the original authority issuing the
Certificates or by the Specially Constituted Medical Board. However, the
said aspect of the matter cannot be gone into by this Court unless the
petitioners are communicated with the decision of the authorities in this
regard, thereby, giving them an opportunity to assail such decision, on
merit, if so advised.
7. As such, without expressing any opinion on the stand of the learned
departmental counsel or the findings and observations of the Medical
Board, the writ petition is disposed of by directing the respondents to
communicate the decision of the authorities pertaining to the individual
disability status vis-a-vis their claim for appointment of each of the writ
petitioners against the posts applied for, in writing, within four weeks from
the date of receipt of a certified copy of this Order. Liberty is granted to
the writ petitioners to assail the decision of the Medical Board and/or
Department of Social Justice and Empowerment, by filing fresh writ
petitions, if so advised.
8. Writ petition stands closed.
JUDGE
Comparing Assistant
