GAHC010102692024 2026:GAU-AS:1609 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/3320/2024 JOYNAL ABEDIN BARBHUIYA S/O- SHAFIQUE UDDIN BARBHUIYA, VILL- RONGPUR, PO- RONGPUR (NORTH), DIST. AND PS- HAILAKANDI, PIN- 788155.

VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE SOCIAL WELFARE DEPARTMENT, GOVT. OF ASSAM, DISPUR, GUWAHATI-06.

2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT DISPUR GUWAHATI-06.

3:THE CHAIRMAN STATE LEVEL POLICE RECRUITMENT BOARD ASSAM MADHABDEVPUR REHABARI GUWAHATI-08.

4:THE GAUHATI UNIVERSITY REPRESENTED BY THE REGISTRAR P.O.- JALUKBARI GUWAHATI-04.

5:THE DIRECTOR OF SOCIAL WELFARE DEPARTMENT UZAN BAZAR GUWAHATI-04.

6:THE COMMISSIONER FOR PERSONS WITH DISABILITIES ASSAM LATAKATA BASISTHA GUWAHATI-29 Advocate for the petitioner(s): Mr. AY Choudhury Advocate for the respondent(s): Mr. D Nath, Senior Govt. Advocate, Assam B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH

ORDER

06.02.2026 Heard Mr. AY Choudhury, the learned counsel appearing on behalf of the petitioner. I have also heard Mr. D Nath, the learned Senior Govt. Advocate, Assam who appears on behalf of the respondent Nos.1, 3 and 5 and Mr. PJ Phukan, the learned counsel who appears on behalf of the respondent No.4.

2. The petitioner, who is a person with disabilities has applied for a post of Grade IV as per the advertisement dated 30.12.2018. It is the case of the petitioner that pursuant to his participation as well as interview held on 24.02.2021, the petitioner was enlisted in the merit list for Grade IV post as a Person with Disabilities (blind low vision) candidate at Rank No.1961.

3. The grievance of the petitioner is that no further action was taken for which the petitioner has submitted a representation on 01.05.2024, which continues to be pending and it is under such circumstances, the instant writ petition has been filed on 20.05.2024.

4. The record reveals that vide an order dated 19.08.2024, notice was issued. Thereupon when the matter was listed on 29.01.2026, this Court enquired with the respondents as to why the petitioner has not been recommended for appointment pursuant to the claim that the petitioner was at Rank No.1961 in the merit list.

5. In pursuance thereto, Mr. D Nath, the learned Senior Govt. Advocate, Assam appearing on behalf of respondent Nos.1, 3 and 5 have placed before this Court an instruction dated 05.02.2026, which is kept on record and marked with the letter ‘X’.

6. It is mentioned in the Document marked with the letter ‘X’ that a medical examination was conducted for persons with benchmark disabilities for candidates recommended by the Gauhati University for recruitment in Grade IV posts under the Special Recruitment Drive for Persons with Disabilities. The petitioner, however, was not selected in that regard and this aspect would be apparent from the Notice dated 22.05.2023 which was issued by the Department of Social Justice and Empowerment.

7. Taking into account the above, it is the opinion of this Court that the reason as to why the petitioner was not recommended appears to be that the petitioner was not selected.

8. Under such circumstances, the cause of action for which the instant writ petition was filed no longer survives, sans a challenge to the select list, if so permissible under the law.

9. Considering the above, this Court, therefore, dismisses the instant writ petition.

10. Dismissal of the instant writ petition shall not, however, preclude the petitioner to avail remedies to challenge the select list, if so advised and subject to being permissible under the law.

JUDGE

Comparing Assistant