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2021 Supreme(Gau) 806

Sabbir Khan – Appellant
Versus
State of Assam – Respondent


Advocate Appeared:
For the Appellant :B.D. Goswami, Advocate
For the Respondent:D. Upamanyu and N.J. Khataniar, Advocates

JUDGMENT :

Songkhupchung Serto, J.

1. Heard Mr. B.D. Goswami, learned counsel appearing for the petitioner, Mr. D. Upamanyu, learned Standing Counsel, Health Department for respondent Nos. 1 to 5 and Mr. N.J. Khataniar, learned counsel appearing for respondent No. 7.

2. On 12.09.2017 an advertisement was issued by the Principal, Assam Medical College at Dibrugarh inviting online applications from eligible and interested candidates for filling up different post that are lying vacant in the Assam Medical College and Hospital, Dibrugarh including one post of Medical Record Technician (un-reserved category). The minimum educational qualification for eligibility for the post of Medical Record Technician given in the advertisement was HSSLC pass with Biology and Computer knowledge but for a candidate to be given preference, he or she must have gone through training in medical record technician training in a Government hospital/medical college. The petitioner herein was not allowed to apply on the ground that he was not eligible as he did not have the minimum educational qualification required for eligibility to the post. On 14th September, 2017, the petitioner approached the Principal of As

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