Kaushik Das vs The State Of Assam And 12 Ors on 30 March, 2026

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                   Page No.# 1/9

GAHC010109312024




                                                            undefined

                       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.# 2/9

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.# 3/9

           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.# 4/9

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.# 5/9


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.# 6/9

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



Linked Case : I.A.(Civil)/3307/2024

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
                                                     Page No.# 7/9

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
KHANAPARA
GUWAHATI-22
DISTRICT- KAMRUP (M)
ASSAM

5:THE SECRETARYMEDICAL EDUCATION AND RESEARCH DEPARTMENT
GOVT. OF ASSAM

DISPUR
GUWAHATI- 781006

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
                                                      Page No.# 8/9

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)
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)
ASSAM
------------
Advocate for : MR. FIRUZ KHAN
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 12 ORS
                                                                           Page No.# 9/9




                                     BEFORE
                      HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

30.03.2026 The learned Standing Counsel, Health Department, Mr. D Upamanyu, undertakes to produce the relevant medical documents pertaining to the medical records of the writ petitioner's evaluation in respect of percentage of disability.

According to the writ petitioner, he was declared to be a person having 57% disability by the District Authorities whereas the Health Department has upon re- evaluation has brought down the disability to 23%. It is in this context the process undertaken by the respondents have been assailed in the present writ petition.

Pleadings have been exchanged but the affidavit does not disclose as to how the process was undertaken for the re-evaluation by the Health Department in respect of the percentage of disability of the writ petitioner.

Let these records be placed before the Court on 30.04.2026. Mr. A Chakrabarty, learned counsel appears for the respondents No. 1 & 2; Mr. B Chowdhury, learned counsel appears for the respondents No. 3 & 4; Mr R.M. Das, learned counsel appears for the respondents No. 7, 8 & 9 and Ms. M.D Borah, learned counsel appears for the respondents No. 10 & 11.

JUDGE

Comparing Assistant