NABAJYOTI SARMA v. THE STATE OF ASSAM & Ors.

Advocate for the Petitioner : MR. S C BISWAS Advocate for the Respondent : SC, HEALTH Page No.# 2/6 Linked Case : WP(C)/1075/2022 RAFIKUL ISLAM S/O. LT. ABDUL ALI AHMED VILL. BAGODI P.O. BAGODI P.S. BARPETA DIST. BARPETA ASSAM PIN-781311. VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM DEPTT. OF HEALTH AND FAMILY WELFARE DISPUR GUWAHATI-781006. 2:THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM JANAPATH HOUSE NO.16 OPP. KENDRIYA VIDYALAYA KHANAPARA GUWAHATI-781022. 3:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHTI-781036. 4:THE JOINT DIRECTOR OF HEALTH SERVICES BARPETA ASSAM PIN-781301. ------------ Advocate for : MR. S C BISWAS Advocate for : SC HEALTH AND F W appearing for THE STATE OF ASSAM AND 3 ORS Linked Case : WP(C)/1065/2022 MADHURJYA GOGOI S/O- LATE ANANDA GOGOI R/O- AMBIKAGIRI NAGAR Page No.# 3/6 JAIL ROAD P.O. AND P.S. JORHAT TOWN DIST. JORHAT ASSAM PIN- 78001. VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF HEALTH AND FAMILY WELFARE DISPUR GUWAHATI-781006. 2:THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM JANAPATH HOUSE NO. 16 OPP. KENDRIYA VIDYALAYA KHANAPARA GUWAHATI-781022. 3:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI-781036. 4:THE JOINT DIRECTOR OF HEALTH SERVICES JORHAT ASSAM ------------ Advocate for : MR. S C BISWAS Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND 3 ORS Linked Case : WP(C)/1078/2022 RUPANANDA NATH S/O. LT. NITYANANDA NATH VILL. KAKATI GAON NEAR D.K. HIGH SCHOOL P.O. DIGHALDARI P.S. RAHA DIST. NAGAON ASSAM Page No.# 4/6 PIN-78001. VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM DEPTT. OF HEALTH AND FAMILY WELFARE DISPUR GUWAHATI-781006. 2:THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM JANAPATH HOUSE NO.16 OPP. KENDRIYA VIDYALAYA KHANAPARA GUWAHATI-781022. 3:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI GUWAHATI-781036. 4:THE JOINT DIRECTOR OF HEALTH SERVICES NAGAON ASSAM PIN-782001. ------------ Advocate for : MR. S C BISWAS Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND 3 ORS BEFORE HONOURABLE MR. JUSTICE K. SEMA Date : 18-02-2022 ORDER Heard Mr. SC Biswas, learned counsel for the petitioner and Mr. D Upamanya, learned Standing counsel, Health & Family Welfare Department. The case of the petitioner is that he has a diploma in Ophthalmic Page No.# 5/6 Technology and was appointed as Paramedical Ophthalmic Assistant on contractual basis at Silapathar on 03.11.2009. The contractual service of the petitioner was thereafter extended from time to time. It is the case of the petitioner that he has been in the service of the Department on contractual basis for almost 13 years. On 07.12.2021 online applications were invited for filling up the vacancies of different cadre on Grade-III post in the different health institutions in the State under the Establishment of the Directorate of Health Services, Assam. The submission of the online applications commenced on 08.02.2022 and the last date for submission of the applications is 18.02.2022. In the said advertisement 67 posts of Ophthalmic Assistant is projected in Serial No.11. Category wise break up being as follows: UR - 27, SC - 04, ST(P) – 07, ST(H) – 04, OBC/MOBC – 18 The advertisement also prescribed the age limit as follows: UR – Minimum 18 years, Maximum 40 years OBB/MOBC – Minimum 18 years, Maximum 43 years SC/ST – Minimum 18 years, Maximum 45 years PWD – Minimum 18 years, Maximum 50 years It is the case of the petitioner that since he is over age for the post of Ophthalmic Assistant, he submitted a representation dated 16.12.2021 requesting the authority to relax the upper age limit for allowing him to apply for the said post. The authority has however, till date not considered the said representation. It is the case of the petitioner that since he has been in the contractual service of the department for about 13 years, it would be only just, fair and proper for the authorities to consider his representation and to allow him to apply for the post of Ophthalmic Assistant by giving him the necessary age relaxation. Page No.# 6/6 The learned counsel for the Health Department submits that the case of the petitioner will be considered by the authorities, provided they submit offline application to the Department in the course of the day furnishing their name, address, mobile number and e-mail id’s etc. In view of the submission made by the learned Standing counsel for the Health Department, the petitioner shall submit offline application for the post of Ophthalmic Assistant to the Department in the course of the day along with all the required particulars. The representation dated

16.12.2021 submitted by the petitioner shall be favorably considered by the authorities concerned within a period of 2 (two) weeks and till then, the last date for applying for online applications in respect of the petitioner shall be relaxed. This order shall apply only in respect to the present petitioner and none else. It is also submitted that the petitioners in WP(C) No.1065/2022, WP(C) No.1075/2022, WP(C) No.1078/2022 are similarly situated. This order shall accordingly cover the petitioners in the said writ petitions. Considering the urgency required a certified true copy of this order shall be furnished to the learned counsel for the petitioner as well as the learned Standing counsel, Health Department latest by 2.00 PM today. The learned counsel for the petitioner and the learned Standing counsel, Health Department shall take immediate steps to make certified true copy of this order available to the Directorate of Health Services at the earliest by today itself. With the above observation and directions, the writ petition as well as the connected writ petitions stands disposed of. JUDGE Comparing Assistant