Soleman Islam vs The Union Of India on 22 May, 2026

                                                                 Page No.# 1/12

GAHC010096412026




                                                           undefined

                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                        Case No. : I.A.(Civil)/1629/2026

         SOLEMAN ISLAM
         S/O ABDUL MAJID MANDOL R/O VILL-TEKARKHATA P.O.-CHITHILA P.S.-
         FAKIRAGRAM DIST-KOKRAJHAR ASSAM PIN-783354



         VERSUS

         THE UNION OF INDIA
         REPRESENTED BY THE SECRETARY MINISTRY OF SOCIAL JUSTICE AND
         EMPOWERMENT GOVERNMENT OF INDIA SHASTRI BHAWAN NEW DELHI
         DELHI-110001

         2:THE STATE OF ASSAM
          REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT
         OF ASSAM
          PERSONNEL DEPARTMENT
          DISPUR
          JANATA BHAWAN
          GUWAHATI-6

         3:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
          DEPARTMENT OF SOCIAL JUSTICE AND EMPOWERMENT
          DISPUR
          JANATA BHAWAN
          GUWAHATI-6

         4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
         ASSAM
          ELEMENTARY EDUCATION DEPARTMENT
          DISPUR
          JANATA BHAWAN
          GUWAHATI-6
                                                                          Page No.# 2/12

            5:THE DIRECTOR
             ELEMENTARY EDUCATION
            ASSAM
             KAHILIPARA
             GUWAHATI-19

            6:THE SECRETARY TO THE GOVT. OF ASSAM
             MEDICAL EDUCATION AND RESEARCH DEPARTMENT
             DISPUR
             GUWAHATI-6

            7:THE ISSUING MEDICAL AUTHORITY
             KOKRAJHAR
            ASSAM
             (DEPARTMENT OF EMPOWERMENT OF PERSONS WITH DISABILITIES
             MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
             GOVERNMENT OF INDIA)
             HEALTH OFFICE COMPLEX
            TENGAPARA
             KOKRAJHAR
            ASSAM
             PIN-783370

            8:THE MEDICAL BOARD
             GAUHATI MEDICAL COLLEGE AND HOSPITAL
             GUWAHATI-32
            ASSAM

            9:THE STATE LEVEL RECRUITMENT COMMISSION FOR CLASS-IV POSTS
             REPRESENTED BY IS CHAIRMAN/SECRETARY
            ASSAM ADMINISTRATIVE STAFF COLLEGE
             JAWAHARNAGAR
             KHANAPARA
             GUWAHATI-2

Advocate for the Petitioner   : MR. S K ROY, MRS. M M ROY,S MEDHI

Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, ELEM. EDU,SC, HEALTH,SC,
SOCIAL JUSTICE AND EMPOWERMENT




             Linked Case : WP(C)/6737/2023

            MOZNU SHEIKH
                                                    Page No.# 3/12

S/O MOSLEM ALI
R/O VILL-ROGHUPARA
P.O.-FEKAMARI AND P.S.-SOUTH SALMARA
DIST-SOUTH SALMARA MANKACHAR
ASSAM
PIN-783135


VERSUS

THE UNION OF INDIA AND 7 ORS
REPRESENTED BY THE SECRETARY
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
GOVERNMENT OF INDIA
SHASTRI BHAWAN
NEW DELHI
DELHI-110001

2:THE STATE OF ASSAM
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM
 PERSONNEL DEPARTMENT
 DISPUR
 JANATA BHAWAN
 GUWAHATI-6

3:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
DEPARTMENT OF SOCIAL JUSTICE AND EMPOWERMENT
DISPUR
JANATA BHAWAN
GUWAHATI-6

4:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
HEALTH AND F.W. DEPARTMENT
DISPUR
JANATA BHAWAN
GUWAHATI-6

5:THE DIRECTOR OF HEALTH SERVICES
ASSAM
HENGRABARI
GUWAHATI-36

6:THE SECRETARY TO THE GOVT. OF ASSAM
MEDICAL EDUCATION AND RESEARCH DEPARTMENT
DISPUR
GUWAHATI-6
                                                                 Page No.# 4/12

 7:THE ISSUING MEDICAL AUTHORITY
 DHUBRI
 ASSAM
(DEPARTMENT OF EMPOWERMENT OF PERSONS WITH DISABILITIES
 MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
 GOVERNMENT OF INDIA)
 OFFICE OF THE JOINT DIRECTOR OF HEALTH SERVICES
 JAIL ROAD
 WARD NO. 7
 DHUBRI
 ASSAM
 PIN-783301

8:THE MEDICAL BOARD
GAUHATI MEDICAL COLLEGE AND HOSPITAL
GUWAHATI-32
ASSAM
------------
Advocate for : MR. S K ROY
Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 7 ORS



Linked Case : WP(C)/6741/2023

SOLEMAN ISLAM
S/O ABDUL MAJID MANDOL
R/O VILL-TEKARKHATA
P.O.-CHITHILA
P.S.-FAKIRAGRAM
DIST-KOKRAJHAR
ASSAM
PIN-783354


VERSUS

THE UNION OF INDIA AND 8 ORS
REPRESENTED BY THE SECRETARY
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
GOVERNMENT OF INDIA
SHASTRI BHAWAN
NEW DELHI
DELHI-110001

2:THE STATE OF ASSAM
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM
                                                     Page No.# 5/12

PERSONNEL DEPARTMENT
DISPUR
JANATA BHAWAN
GUWAHATI-6

3:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
DEPARTMENT OF SOCIAL JUSTICE AND EMPOWERMENT
DISPUR
JANATA BHAWAN
GUWAHATI-6

4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
ELEMENTARY EDUCATION DEPARTMENT
DISPUR
JANATA BHAWAN
GUWAHATI-6

5:THE DIRECTOR
ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19

6:THE STATE LEVEL RECRUITMENT COMMISSION FOR CLASS-IV POSTS
REPRESENTED BY IS CHAIRMAN/SECRETARY
ASSAM ADMINISTRATIVE STAFF COLLEGE
JAWAHARNAGAR
KHANAPARA
GUWAHATI-22

7:THE SECRETARY TO THE GOVT. OF ASSAM
MEDICAL EDUCATION AND RESEARCH DEPARTMENT
DISPUR
GUWAHATI-6

 8:THE ISSUING MEDICAL AUTHORITY
 KOKRAJHAR
 ASSAM
(DEPARTMENT OF EMPOWERMENT OF PERSONS WITH DISABILITIES
 MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
 GOVERNMENT OF INDIA)
 HEALTH OFFICE COMPLEX
 TENGAPARA
 KOKRAJHAR
 ASSAM
 PIN-783370
                                                                 Page No.# 6/12

9:THE MEDICAL BOARD
GAUHATI MEDICAL COLLEGE AND HOSPITAL
GUWAHATI-32
ASSAM
------------
Advocate for : MR. S K ROY
Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 8 ORS



Linked Case : WP(C)/6746/2023

IMRUL HAQUE
S/O TAZIZUL HAQUE
 R/O NALBARI TOWN
 KHATABARI
 WARD NO. 1
 P.O. AND P.S.-NALBARI
 DIST- NALBARI
 ASSAM
 PIN-781335


VERSUS

THE UNION OF INDIA AND 7 ORS
REPRESENTED BY THE SECRETARY
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
GOVERNMENT OF INDIA
SHASTRI BHAWAN
NEW DELHI
DELHI-110001

2:THE STATE OF ASSAM
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM
 PERSONNEL DEPARTMENT
 DISPUR
 JANATA BHAWAN
 GUWAHATI-6

3:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
DEPARTMENT OF SOCIAL JUSTICE AND EMPOWERMENT
DISPUR
JANATA BHAWAN
GUWAHATI-6

4:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
                                                                           Page No.# 7/12

          HEALTH AND F.W. DEPARTMENT
          DISPUR
          JANATA BHAWAN
          GUWAHATI-6

          5:THE DIRECTOR OF HEALTH SERVICES
          ASSAM
          HENGRABARI
          GUWAHATI-36

          6:THE SECRETARY TO THE GOVT. OF ASSAM
          MEDICAL EDUCATION AND RESEARCH DEPARTMENT
          DISPUR
          GUWAHATI-6

           7:THE ISSUING MEDICAL AUTHORITY
           NALBARI
           ASSAM
          (DEPARTMENT OF EMPOWERMENT OF PERSONS WITH DISABILITIES
           MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
           GOVERNMENT OF INDIA)
           OFFICE OF THE JOINT DIRECTOR OF HEALTH SERVICES
           NALBARI
           ASSAM
           PIN-781335

          8:THE MEDICAL BOARD
          GAUHATI MEDICAL COLLEGE AND HOSPITAL
          GUWAHATI-32
          ASSAM
          ------------
          Advocate for : MR. S K ROY
          Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 7 ORS



                                BEFORE
                HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

                                      ORDER

22.05.2026

Heard Mr. S.K. Roy, learned counsel for the applicant. Also heard Ms. R.

Deka, learned counsel for the opposite party no. 3 & 8.

Page No.# 8/12

2. The learned counsel for the applicant has submitted that amendment to the

prayers made in the parent writ petition, being WP(C) No. 6741/2023, would be

necessary for proper adjudication of the matter and for grant of relief to the

petitioner. Accordingly, he has submitted that the proposed amendments are

reflected in paragraph no. 4 and that, after amendment, the prayers in the writ

petition would read as follows:

"In the premises aforesaid, it is therefore respectfully prayed that Your Lordships may be pleased to admit this petition, call for the records and issue a Rule calling upon the Respondents to show cause as to why:

(a) a writ in the nature of Certiorari shall not be issued to set aside/quash the impugned order vide No. E-299301/4 circulated by the letter dated 30-05-2023 issued by the Director, Elementary Education, Assam, Kahilipara, Guwahati-19 wherein the appointment order of the petitioner amongst others, has been kept on hold till a final outcome is received regarding their/his credentials/ status of disability (vide Annexure-XII);

-And-

(b) a writ in the nature of Certiorari shall not be issued to set aside/quash the impugned notice vide No. 1/173603/2023 (vide Annexure-X) as well as the decision/action to reject/ disqualify the candidature of the petitioner for allegedly not having benchmark percentage of disability to be appointed under the PwBD category Page No.# 9/12

by declaring the report(s) of the Medical Board and the entire exercise of Re-Verification/ Re-Assessment of percentage of disability, as nullity in the eye of law;

-And/Or-

(c) a writ in the nature of Mandamus shall not be issued directing the Respondents to forthwith cancel/recall/rescind and/or otherwise forbear giving effect to the impugned order vide No. E- 299301/4 circulated by the letter dated 30-05-2023 issued by the Director, Elementary Education, Assam, Kahilipara, Guwahati-19 (vide Annexure-XII) as well as the impugned rejection/disqualification of candidature of the petitioner for allegedly not having benchmark percentage of disability to be appointed under the PwBD category;

-And-

(d) a writ in the nature of Mandamus shall not be issued directing the respondents to accept the candidature of the petitioner under PwBD category and allow him to join his service as a Grade-IV School Chowkider (MTS) in the Bridhabashi M.E. School pursuant to the selection conducted in terms of the advertisement vide No. SLRC-G-IV/Assam/Advertisement for Analogous Post-IV/2022- 23/02/79 dated 25-03-2022. And also be further pleased -

(i) To issue a declaration that the Assam Direct Recruitment for Class III and Class IV Analogous Posts Rules, 2022 are Page No.# 10/12

violative of Articles 14, 16, 19 and 21 of the Constitution of India insofar as they do not provide for reservation/quota for candidates belonging to the category of Person with Disability(PWD) and/or Person with Disability having High Support Needs(PwDhHSN) as defined under Section 2(s) and 2(t), respectively of the RPwD Act, 2016 though they provides the for the candidates reservation/quota belonging to category of Person with Benchmark Disability (PwBD) as defined under Section 2(r) of the RPwD Act, 2016 treating them as a separate class only among the said 3(three) categories of candidates.

(ii) To issue a Mandamus directing the Respondent No. 1 and Respondent No. 2 to amend the Assam Direct Recruitment for Class III and Class IV Analogous Posts Rules, 2022 to bring them in accordance with the RPwD Act, 2016 and the Office Memorandum dated 15-01-2018 issued by the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions, Govt. of India.

(iii) To issue a Mandamus directing the concerned authorities to allow him to join in his post/service with all consequential benefits with effect from the date when the other candidates belonging to SC, ST, OBC, etc. have been appointed and joined in their respective post/service.

-And-

Upon cause/causes that may be shown, after hearing the parties Page No.# 11/12

and upon perusal of the records be pleased to make the Rule absolute and/or to pass any other appropriate order or direction as Your Lordships may deem fit and proper in the facts and circumstances so as to give full and complete relief to the petitioner.

-And-

Pending disposal of the Rule, Your Lordships may be pleased to stay/suspend the impugned order vide No. E-299301/4 circulated by the letter dated 30-05-2023 issued by the Director, Elementary Education, Assam, Kahilipara, Guwahati-19 (vide Annexure-XII) and/or the fresh advertisement vide No. SLRC-G- IV/Assam/Advertisement for Analogous Posts-IV/2023-24/01/14 issued by the SLRC on 31-10-2023 (vide Annexure-XVI) so far as it relates to the petitioner's post and/or to pass such further or other Order(s) as Your Lordships may deem fit and proper in order to give adequate interim protection to the petitioner.".

3. Issue notice to the respondent no. 3.

4. Extra copies of the writ petition be furnished to the learned counsel

representing the said respondents within a period of 3 days from today.

5. Extra copies shall also be furnished to the learned Standing Counsel for the

respondent nos. 4 and 5 representing the Department of Elementary Education;

to the learned Government Advocate, Assam for the respondent no. 6; and to Page No.# 12/12

the learned Standing Counsel for the Department of Health and Family Welfare

representing the respondent nos. 7, 8 and 9.

6. List the matter again on 15.07.2026.

JUDGE

Comparing Assistant