Page No.# 1/5 GAHC010143242017 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6117/2017 MAHENDRA BORAH S/O SUSHIL BORAH, R/O VILL- DA-PARBATIA, SAHAR CHUBURI, PO- DA- PARBOTIA, TEZPUR, PIN- 784150, DIST. SONITPUR, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-781006 2:THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM HEALTH and FAMILY WELFARE DEPTT. DISPUR GUWAHATI-781006 ASSAM 3:THE SECY. TO THE GOVT. OF ASSAM HEALTH and FAMILY WELFARE DEPTT. DISPUR GUWAHATI-781006 ASSAM 4:THE COMMISSIONER and SECY. GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-781006 5:THE DIRECTOR OF MEDICAL EDUCATION ASSAM SIXMILE KHANAPARA Page No.# 2/5 GUWAHATI-781022 ASSAM 6:THE PRINCIPAL CUM CHIEF SUPERINTENDENT TEZPUR MEDICAL COLLEGE and HOSPITAL TEZPUR ASSA Advocate for the Petitioner : MR.D K SHARMA, MR.H BORAH,MS.A TALUKDAR,MR.U K GOSWAMI Advocate for the Respondent : SC, FINANCE, MR.B GOGOI,SC, HEALTH,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 18.02.2025 Heard Mr. U.K. Goswami, learned counsel for the petitioner. Also heard Ms. D. Bora, learned Standing Counsel, Health & Family Welfare Department. 2. The petitioner in the present proceeding has presented a challenge to a communication dated 27.07.2017, issued by the respondent No.3, by which the selection process for recruitment against the post of Attendant in Tezpur Medical College & Hospital along with other posts in terms of the advertisement dated 18.06.2015, came to be cancelled. 3. The petitioner has further prayed for a direction upon the respondent authorities to declare the results of the recruitment process with regard to the post of Attendant. 4. As projected in the writ petition, on establishment of the Tezpur Medical College and Hospital, Tezpur, during the year 2014-15, the Government had sanctioned posts for operationalisation of the said Medical Page No.# 3/5 College & Hospital. With a view to populate the posts, so created in the said college, an advertisement dated 18.06.2015 came to be so issued. 5. The petitioner being eligible, had submitted his application for recruitment against the post of Attendant. The petitioner participated in the selection process, however on conclusion of the same, the results thereof, were not declared. 6. Thereafter, the respondent authorities issued a communication dated 27.07.2017, and therein, projected that the process of recruitment so initiated, for filling up of the available vacant posts in Tezpur Medical College & Hospital, Tezpur, were so initiated and conducted without the prior approval of the Government. Basing on the said projection, the Government in the Health & Family Welfare Department, proceeded to cancel the said selection process so instituted in the matter, vide issuance of the advertisement dated 18.06.2015. 7. Being aggrieved, the petitioner has instituted the present proceeding. 8. I have heard the learned counsel for the parties and perused the materials available on record. 9. Learned counsel for the petitioner has submitted that the grounds as assigned for cancellation of the selection process are clearly perverse. It is further submitted that the petitioner having participated in the selection process, the same is required to be taken to its logical conclusion. 10. Per-contra, learned Standing Counsel, Health & Family Welfare Department has submitted that the Government in the Health & Family Welfare Department, on examination of the matter having found that the recruitment process was not so initiated and proceeded in the manner required and also the same not having been so initiated with the prior approval of the Government in the Health & Family Welfare Department, a Page No.# 4/5 decision was arrived at for cancellation of the said selection process. 11. Learned counsel for the petitioner had referred to a decision of the Coordinate Bench of this Court in WP(C) 924/2016, wherein, vide order dated 23.06.2016, the Coordinate Bench of this Court had required the Principal-cum- Chief Superintendent, Tezpur Medical College & Hospital, Tezpur to take immediate steps for declaration of the results of the recruitment process for the post of Attendant, as was advertised by the advertisement dated 18.06.2015. On the said aspect of the matter being brought to the notice of this Court, this Court, vide order dated 04.02.2025, had requested Ms. D. Bora, learned Standing Counsel, Health & Family Welfare Department, to receive instruction as to whether any appointment was made against the post of Attendant in pursuance to the order dated 23.06.2016 in WP(C) 924/2016. 12. Learned Standing Counsel, on instruction has submitted that pursuant to the direction as passed by this Court in WP(C) 924/2016, no appointment was so made from the select list prepared in the matter, and it was further clarified that no candidate included in the select list were so appointed, inasmuch as, the Government in the meanwhile, cancelled the selection process. 13. In view of the above development taking place in the matter and also considering that the advertisement was issued in the year 2015, this Court is of the considered view that the cancellation of the recruitment process, would not be called upon to be interfered at this late stage. After 2015, there would be many other candidates, who have now become eligible for being considered against the post of Attendant, as advertised vide advertisement dated 18.06.2015. 14. Accordingly, the present writ petition would not be mandated to be Page No.# 5/5 detained any further and is being disposed of by directing the respondent authorities to take a decision as to whether the posts of Attendant, so advertised, vide advertisement dated; 18.06.2015, would still be required to be so filled up and in the event, the decision is arrived at that the post of Attendant, so involved, are required to be filled up, the respondent authorities shall take steps for issuing advertisement in the matter and thereafter, carry out the recruitment process strictly in accordance with the law. 15. The petitioner, herein, having participated in the recruitment exercise as initiated vide the Advertisement dated 18.06.2015, he shall be, subject to fulfillment of the eligibility criteria as may be prescribed, permitted to participate in the fresh selection process, if so instituted. Further, in the meanwhile, if the petitioner has become over-aged, he shall prefer appropriate application before the competent authority for condonation of such overage, which shall be given due consideration by the respondent authorities. 16. With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant