Page No.# 1/13 GAHC010220462024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3396/2024 SIMASHREE BAISHYA AND 3 ORS (ROLL NO. 10510396) R/O- VILLAGE NAHARBARI, PO BHOLABARI, PS KALAIGAON, UDALGURI, PIN- 784525. 2: JINTU RAHMAN (ROLL NO. 10308104) R/O- VILLAGE BARAMPUR HAT BAJALI PO PITAMBAR HAT BAJALI PS RANGIA GUWAHATI KAMRUP- 781354. 3: UTPAL DAS (ROLL NO. 10320092) R/O- VILLAGE BIJULIBARI PO- MAROI PS- SIPAJHAR MANGALDOI DARRANG. PIN- 784145. 4: DIPANKAR BORAH (ROLL NO. 10502950) R/O- VILL- PATIAPUKHURI PO GHATUA TEZPUR DIST- SONITPUR Page No.# 2/13 ASSAM PIN- 784149 VERSUS THE STATE OF ASSAM AND ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE (B) DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE (B) DEPARTMENT DISPUR GUWAHATI-06. 3:THE DIRECTOR OF HEALTH SERVICES ASSAM HEALTH COMPLEX HENGRABARI GUWAHATI- 781036. 4:THE DIRECTOR OF MEDICAL EDUCATION ASSAM KHANAPARA SIX MILE GUWAHATI- 781022. 5:THE DIRECTOR OF HEALTH SERVICES (FW) ASSAM JAYANAGAR SIX MILE GUWAHATI- 781036. 6:DIMBESWAR SHARMA S/O- LT. UPENDRA SHARMA R/O- VILL.- TETELIA NAUKUCHI P.O.- MANAHKUCHI P.S.- HAJO DIST.- KAMRUP ASSAM. 7:JINTU MANI KALITA S/O- SRI PABITRA KALITA R/O- PASCHIM NAOKATA Page No.# 3/13 P.O.- NAOKATA P.S. GORESWAR DIST.- BAKSA ASSAM. 8:NARSI AKHTARA D/O- ASHRAF ALI R/O VILL AND PO SANIADI PS HAJO DIST- KAMRUP ASSAM. 9:MUSTAK ALI S/O- TALEB ALI R/O- VILL AND PO BIHDIA PS- BAIHATA CHARIALI DIST KAMRUP ASSAM. 10:SAKLAIN MOSTAK S/O HAFIZUL ISLAM R/O- DHUHIBALA SUB DIVISION RANGIA DIST KAMRUP ASSAM. 11:SAMUJJAL DEKA S/O RAJANI DEKA R/O- NAKHETI P.O.- KAMARKUCHI DIST. NALBARI ASSAM. 12:SANIARA BEGUM D/O ABDUL HAFIZ TALUKDAR R/O- VILL SARU DAMPUR PS HAJO DIST KAMRUP ASSAM. Page No.# 4/13 13:HIMADRI BORAH (ROLL NO. 10204881) R/O- DHEKIANI BHARALUA GAON MUDOIJAN TIOK JORHAT PIN- 785112 Advocate for the Petitioner : MR. S N TAMULI, MR. D SARMAH ,MR B KAUSHIK,MR. S N TAMULI ,MS. P K ZANNAT,MS. A BEGUM,MS P DEKA Advocate for the Respondent : SC, HEALTH, MR. J PATOWARY Linked Case : I.A.(Civil)/4011/2024 HIMADRI BORAH (ROLL NO. 10204881) R/O- DHEKIANI BHARALUA GAON MUDOIJAN TIOK JORHAT PIN- 785112. VERSUS THE STATE OF ASSAM AND ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE (B) DEPARTMENT DISPUR GUWAHATI-06. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE (B) DEPARTMENT DISPUR Page No.# 5/13 GUWAHATI-06. 3:THE DIRECTOR OF HEALTH SERVICES ASSAM HEALTH COMPLEX HENGRABARI GUWAHATI- 781036. 4:THE DIRECTOR OF MEDICAL EDUCATION ASSAM KHANAPARA SIX MILE GUWAHATI- 781022. 5:THE DIRECTOR OF HEALTH SERVICES (FW) ASSAM JAYANAGAR SIX MILE GUWAHATI- 781036. 6:DIMBESWAR SHARMA S/O- LT. UPENDRA SHARMA R/O- VILL.- TETELIA NAUKUCHI P.O.- MANAHKUCHI P.S.- HAJO DIST.- KAMRUP ASSAM. 7:JINTU MANI KALITA S/O- SRI PABITRA KALITA R/O- PASCHIM NAOKATA P.O.- NAOKATA P.S. GORESWAR DIST.- BAKSA ASSAM. 8:NARSI AKHTARA D/O- ASHRAF ALI R/O VILL AND PO SANIADI PS HAJO DIST- KAMRUP ASSAM. Page No.# 6/13 9:MUSTAK ALI S/O- TALEB ALI R/O- VILL AND PO BIHDIA PS- BAIHATA CHARIALI DIST KAMRUP ASSAM. 10:SAKLAIN MOSTAK S/O HAFIZUL ISLAM R/O- DHUHIBALA SUB DIVISION RANGIA DIST KAMRUP ASSAM. 11:SAMUJJAL DEKA S/O RAJANI DEKA R/O- NAKHETI P.O.- KAMARKUCHI DIST. NALBARI ASSAM. 12:SANIARA BEGUM D/O ABDUL HAFIZ TALUKDAR R/O- VILL SARU DAMPUR PS HAJO DIST KAMRUP ASSAM. 13:SIMASHREE BAISHYA (ROLL NO. 10510396) R/O- VILLAGE NAHARBARI PO BHOLABARI PS KALAIGAON UDALGURI PIN- 784525. 14:JINTU RAHMAN Page No.# 7/13 (ROLL NO. 10308104) R/O- VILLAGE BARAMPUR HAT BAJALI PO PITAMBAR HAT BAJALI PS RANGIA GUWAHATI KAMRUP- 781354. 15:UTPAL DAS (ROLL NO. 10320092) R/O- VILLAGE BIJULIBARI PO- MAROI PS- SIPAJHAR MANGALDOI DARRANG. PIN- 784145. 16:DIPANKAR BORAH (ROLL NO. 10502950) R/O- VILL- PATIAPUKHURI PO GHATUA TEZPUR DIST- SONITPUR ASSAM PIN- 784149. ------------ Advocate for : MR. D SARMAH Advocate for : MR. J PATOWARY appearing for THE STATE OF ASSAM AND ORS. Linked Case : WP(C)/3319/2023 DIMBESWAR SHARMA AND 6 ORS. S/O- LT. UPENDRA SHARMA R/O- VILL.- TETELIA NAUKUCHI P.O.- MANAHKUCHI P.S.- HAJO DIST.- KAMRUP Page No.# 8/13 ASSAM. 2: JINTU MANI KALITA S/O- SRI PABITRA KALITA R/O- PASCHIM NAOKATA P.O.- NAOKATA P.S. GORESWAR DIST.- BAKSA ASSAM. 3: NARSI AKHTARA D/O- ASHRAF ALI R/O VILL AND PO SANIADI PS HAJO DIST- KAMRUP ASSAM. 4: MUSTAK ALI S/O- TALEB ALI R/O- VILL AND PO BIHDIA PS- BAIHATA CHARIALI DIST KAMRUP ASSAM. 5: SAKLAIN MOSTAK S/O HAFIZUL ISLAM R/O- DHUHIBALA SUB DIVISION RANGIA DIST KAMRUP ASSAM. 6: SAMUJJAL DEKA S/O RAJANI DEKA R/O- NAKHETI P.O.- KAMARKUCHI DIST. NALBARI ASSAM. Page No.# 9/13 7: SANIARA BEGUM D/O ABDUL HAFIZ TALUKDAR R/O- VILL SARU DAMPUR PS HAJO DIST KAMRUP ASSAM. VERSUS THE STATE OF ASSAM AND 9 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE (B) DEPARTMENT DISPUR GUWAHATI-06. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE (B) DEPARTMENT DISPUR GUWAHATI-06. 3:THE DIRECTOR OF HEALTH SERVICES ASSAM HEALTH COMPLEX HENGRABARI GUWAHATI- 781036. 4:THE DIRECTOR OF MEDICAL EDUCATION ASSAM KHANAPARA SIX MILE GUWAHATI- 781022. 5:THE DIRECTOR OF HEALTH SERVICES (FW) ASSAM JAYANAGAR SIX MILE GUWAHATI- 781036. 6:HIMADRI BORAH (ROLL NO. 10204881) R/O- DHEKIANI BHARALUA GAON Page No.# 10/13 MUDOIJAN TIOK JORHAT PIN- 785112. 7:SIMASHREE BAISHYA (ROLL NO. 10510396) R/O- VILLAGE NAHARBARI PO BHOLABARI PS KALAIGAON UDALGURI PIN- 784525. 8:JINTU RAHMAN (ROLL NO. 10308104) R/O- VILLAGE BARAMPUR HAT BAJALI PO PITAMBAR HAT BAJALI PS RANGIA GUWAHATI KAMRUP- 781354. 9:UTPAL DAS (ROLL NO. 10320092) R/O- VILLAGE BIJULIBARI PO- MAROI PS- SIPAJHAR MANGALDOI DARRANG. PIN- 784145. 10:DIPANKAR BORAH (ROLL NO. 10502950) R/O- VILL- PATIAPUKHURI PO GHATUA TEZPUR DIST- SONITPUR ASSAM PIN- 784149. ------------ Page No.# 11/13 Advocate for : MR. J PATOWARY Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND 9 ORS. BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 21-03-2025 Heard Mr. S.N. Tamuli, learned counsel for the applicant in I.A.(C) No. 3396/2024 and Mr. S.J. Saharia, learned counsel for the applicant in I.A.(C) No. 4011/2024. Mr. J. Patowary, learned counsel is present on behalf of opposite parties/ writ petitioners, whereas Mr. D.P. Borah, learned standing counsel has appeared on behalf of official respondents. By filing these I.A.s a prayer has been made for alteration/ modification/ vacation of the interim order dated 21-06-2024 passed by this Court in W.P.(C) No. 3319/2023 staying the appointment of the applicants as ICU Technician with prospective effect. It appears that the opposite parties/ writ petitioners had participated in the process of recruitment of ICU Technician initiated by the Health department in the year 2021. The applicants were eventually selected and appointed as ICU Technicians. Calling into question the selection and appointment of the applicants/ private respondents, the writ petitioners had instituted W.P.(C) No. 3319/2023 inter-alia contending that on the last date of submission of the applications none of the applicants/ private respondents were eligible since they did obtain the diploma of ICU Technician on that date, which was an essential qualification for appointment in the aforesaid post. It appears from the record that initially, while issuing notice of motion, no interim order was passed by this Court on the prayer of the petitioners. Consequently, the applicants/ Page No.# 12/13 private respondents had joined in their respective posts and were rendering their services. However, due to default on the part of the private respondents to appear and contest the writ petition, the learned Single Judge had passed the interim order dated 21-06-2024 staying the appointment of the applicants/ private respondents, as a result of which, they are now out of service. Mr. Tamuli and Mr. Saharia, learned counsel for the applicants submits that their clients did have the requisite educational qualification and therefore, the appointments are valid. As such, the interim order passed by this Court has caused serious injury to their interest. The learned counsel for the applicants have also submitted that, if necessary, the writ petition be taken up for disposal on merit at an early date. However, the interim order be vacated so as to enable the petitioners/ applicants to continue in their service. Similar is the submission of Mr. D.P. Borah, learned standing counsel, H&FW Department, Assam. Mr. Patowary, learned counsel for the writ petitioners/ opposite parties has assailed the candidature of the applicants and has prayed for a firm date of hearing and disposal of the writ petition. Since the continuance of the interim order dated 21-06-2024 is not in any way beneficial to the writ petitioners but is rather depriving the institution of the services of the 06 (six) ICU Technicians and considering the overall facts and circumstances of the case, this Court is of the opinion that interim order dated 21-06-2024 deserves to be vacated. However, since the challenge is to the validity of the appointment order of the private respondents/ applicants, these writ petitions deserves to be heard and disposed of expeditiously. For the Page No.# 13/13 foregoing reasons, the order dated 21-06-2024 stands vacated. The I.A.(C) No. 3396/2024 and I.A.(C) No. 4011/2024 are hereby allowed. The connected writ petition being W.P.(C) No. 3319/2023 be listed for final hearing and disposal on 06-05-2024, as a fixed item. Parties to come prepared accordingly. It is made clear that no prayer for adjournment on behalf of the respondents would be entertained by this Court in the writ petition, on the next date fixed. JUDGE GS Comparing Assistant