GAHC010225712023

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/5900/2023

NIRMAL BISWAS AND 5 ORS.

SON OF VINOD BISWAS OF VILLAGE- NO. 2 SILAGAON, P.O. SILABALI, P.S.

SILAPATHAR, DISTRICT- DHEMAJI, ASSAM, PIN- 787059, ROLL NO.-

10105216

2: SMT. LUCKY PAUL

DAUGHTER OF SRI MOTI PAU OF VILLAGE- BETHUKENDI

P.S. SILCHAR

DISTRICT- CACHAR

ASSAM

PIN- 788005

ROLL NO. 10505414

3: SRI MANIMUGDHA HAZARIKA

SON OF SRI BHUPEN HAZARIKA OF VILLAGE- CHUICHURI

P.S. BELSOR

DISTRICT NALBARI

ASSAM

PIN- 781308

ROLL NO. 10405519

4: SRI DIPANKAR SARMAH

SON OF SRI DEBAKANTA SARMA OF VILLAGE- MISSAMARI

P.O. AND P.S. HALEM

DISTRICT- BISWANATH

ASSAM

PIN- 784170

ROLL NO. 10710465

5: TAIOMUR AHMED

SON OF MD. AKUB ALI OF VILLAGE- KHUDAILBARI

P.O. AND P.S. PATHARKANDI

DISTRICT- KARIMGANJ

ASSAM

PIN- 788724 ROLL NO. 10711238

6: SMT. M. POPI PATHARI MORANG WIFE OF RAJEN MORANG RESIDENT OF VILLAGE AND P.O. GABHARU TUNIJAN DISTRICT- LAKHIMPUR ASSAM PIN- 784160 ROLL NO. 2091852 VERSUS THE STATE OF ASSAM AND 4 ORS.

REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI- 781006

2:THE DIRECTOR MEDICAL EDUCATION ASSAM KHANAPARA GUWAHATI- 781022

3:THE PRINCIPAL CUM CHIEF SUPERINTENDENT (I/C)

JORHAT MEDICAL COLLEGE AND HOSPITAL JORHAT

4:THE PRINCIPAL AND SUPERINTENDENT SILCHAR MEDICAL COLLEGE AND HOSPITAL SILCHAR DISTRICT- CACHAR ASSAM

5:THE PRINCIPAL AND SUPERINTENDENT GAUHATI MEDICAL COLLEGE AND HOSPITAL GUWAHAT Advocate for the Petitioner : MR. P SARMAH, MR. S UPADHAY,MR B SINHA Advocate for the Respondent : SC, HEALTH, SC. MEDICAL BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

18/11/2025 Heard Mr. B Sinha, learned counsel for the petitioners and Mr. D P Bora, learned Standing counsel, Health and Family Welfare Department appearing for the respondents.

2. The petitioners by way of instituting the present proceeding have assailed the cancellation of the appointments effected in respect of each of the petitioners, herein, on the ground that the petitioners did not fulfill the eligibility criteria mandated for recruitment against the posts involved. The petitioners, herein, have also prayed for a direction upon the respondent authorities for their reinstatement in service.

3. As projected in the writ petition, the respondent authorities vide an advertisement dated 10.12.2021 had invited applications for recruitment against the advertised posts existing in different Medical Colleges and Hospitals as well as Dental Colleges, Nursing Colleges, Paramedical Institutions, functioning under the Government of Assam. Amongst the posts so advertised, were the posts of Dental Technician, Dresser and Dietician. The petitioner Nos. 1, 2, 4 and 5 had submitted their respective candidature for recruitment against the posts of Dental Technician. The petitioner No. 3 had submitted such application for recruitment against the posts of Dresser, while the petitioner No. 6 had submitted her application for the posts of Dietician. In pursuance to the submission of the applications by the petitioners, herein, they were permitted to appear in the selection process. On being successful in the selection process, the petitioners, herein, were appointed vide order dated 25.05.2023 against the posts for which they had submitted their candidature and subsequently, participated in the recruitment process. The petitioners on acceptance of such appointment effected in their case, had joined their respective posts. The respondent authorities thereafter, held a re-verification process by way of constituting a Selection Committee. The petitioners, herein, who were appointed against their respective posts, were also required to participate in the said re-verification exercise.

4. In the said re-verification exercise, it came to the forefront that the petitioners, herein, did not fulfill the eligibility criteria, as set out in the advertisement dated 10.12.2021. Accordingly, the respondent authorities basing on the