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2025 DAILYLAW 21901 (GAU)

ANJAN MITRA v. THE STATE OF ASSAM AND ORS

I.A.(Civil)/4026/2024 · 2025-09-14

Kaushik Goswami

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/6 GAHC010268832024 2025:GAU-AS:12615 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4026/2024 ANJAN MITRA SON OF SHRI RASHA RANJAN MITRA, RESIDENT OF MEHERPUR, NEAR A.S.E.B. COLONY, SILCHAR- 15. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI- 781006 2:THE SILCHAR MEDICAL COLLEGE AND HOSPITAL SILCHAR REPRESENTED BY- THE PRINCIPAL CUM CHIEF SUPERINTENDENT SILCHAR MEDICAL COLLEGE AND HOSPITAL SILCHAR. 3:THE PRINCIPAL CUM CHIEF SUPERINTENDENT SILCHAR MEDICAL COLLEGE AND HOSPITAL SILCHAR Advocate for the Petitioner : MR A N AHMED, MR.I CHOUDHURY,MS.B SARMA Advocate for the Respondent : SC, HEALTH, GA, ASSAM Linked Case : WP(C)/1169/2011 Page No.# 2/6 ANJAN MITRA and 3 ORS SON OF SHRI RADHA RANJAN MITRA RESIDENT OF MEHERPUR NEAR A.S.E.B. COLONY SILCHAR- 15. 2: SHRI UJJAL ROY CHOUDHURY SON OF LATE KAMAKHYA ROY CHOUDHURY RESIDENT OF ATHALBASTI SIBBARI ROAD DISTRICT- CACHAR ASSAM. 3: SHRI SHIBU NATH SON OF LATE UPENDRA CHANDRA NATH SHIBALIKE PART MEHERPUR DISTRICTY- CACHAR ASSAM. 4: SHRI TUTON PAUL SON OF SHRI KRIPS SINDHU PAUL RESIDENT OF GHUNGOOR KALIBARI ROAD SILCHAR- 14. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI- 781006 2:THE SILCHAR MEDICAL COLLEGE AND HOSPITAL SILCHAR REPRESENTED BY- THE PRINCIPAL CUM CHIEF SUPERINTENDENT SILCHAR MEDICAL COLLEGE AND HOSPITAL SILCHAR. 3:THE PRINCIPAL CUM CHIEF SUPERINTENDENT SILCHAR MEDICAL COLLEGE AND HOSPITAL SILCHAR. ------------ Page No.# 3/6 Advocate for : MR.S BANIK Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND ORS BEFORE HON’BLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 15.09.2025 None appears for the applicant on call. Heard Mr. A. Rahman, learned counsel, appearing on behalf of the Mr. D.P. Borah, learned Standing Counsel, Health, for the respondents. 2. It appears that the instant interlocutory application has been filed seeking correction of the name of the father of the writ petitioner No. 1 in WP(C) No.1169/2011, wherein while disposing the said writ petition by judgment & order dated 10.09.2018, the father’s name of the writ petitioner No.1 was wrongly reflected in the cause-title of the said judgment & order as “Shri Radha Ranjan Mitra” instead of “Shri Rasha Ranjan Mitra”. 3. Mr. A. Rahman, learned counsel, submits that he has not received any instruction to oppose to the prayer made in the instant interlocutory application. 4. Having heard and having perused the averments made in support of the relief sought for in the interlocutory application, it appears that the father’s name in the cause title of the judgment & order dated 10.09.2018 has been wrongly shown as “Shri Radha Page No.# 4/6 Ranjan Mitra” instead of “Shri Rasha Ranjan Mitra”. 5. Relevant paragraphs of the interlocutory application read as under: “2. That, the Applicant begs to state that the Writ Petitioners approached before this Hon'ble Court by way of filing Writ Petition which was registered and numbered as W.P.(C). No. 1169/2011 on the grievance that pursuant to the advertisement issued by the Principal -Cum- Chief Superintendent of Silchar Medical College and Hospital, Silchar in the year 2008 for filing up of various posts including Grade-IV posts, Store Keeper, Ward Boy etc., the Writ Petitioners duly applied for the same. The Writ Petitioners also participated in the selection process. But number of candidates had been appointed without remedial measures. 3. That, the Hon'ble High Court after perusal of the records and hearing the parties was pleased to dispose of the matter vide Judgement and Order dated 10.09.2018 where the father's name of the Writ Petitioner No.1 was inadvertently/wrongly recorded as "SHRI RADHA RANJAN MITRA" instead of "SHRI RASHA RANJAN MITRA" 4. That, the actual fact and correct name of the father of the Writ Petitioner No.1 is "SHRI RASHA RANJAN MITRA" which is required to be rectified by this Hon'ble Court as the name of the Writ Petitioner No.1 is highly reflected in his VOTER ID CARD bearing No. FZW5144207 and PAN CARD bearing No. BRQPM7498Q. 5. That, the applicant begs to state that he has duly made an Affidavit on 24.06.2024 declaring that his father's actual and correct name is "SHRI RASHA RANJAN MITRA" instead of "SHRI RADHA RANJAN MITRA". 6. That, the applicant respectfully submits that the aforesaid mistake was not intentional on the part of the applicant but due to unavoidable circumstances and as such, the same may be rectified by this Hon'ble Court. 7. That, the Petitioner submits that Petitioner has been appointed against Grade-IV post on 09.04.2024 at Silchar Medical College and Hospital vide Judgement and Order of the Hon'ble High Court dated 10.09.2024 passed in W.P.(C). No. 1169/2011 and sustain Page No.# 5/6 the Petitioner has been rendering his service till date. But he is unable to draw his salary due to the incorrect name reflected in Writ Petition being W.P.(C). No. 1169/2011. Hence, this I.A Petition for rectification of this father's name. 8. That, the applicant begs to state that he already filed a I.A Petition bearing registration No. I.A. (Civil) No. 1992/2024 for rectification of his father's name but he has been allow to withdraw with a liberty to file a fresh I.A. Petition due to some major typical mistake in the I.A. Petition No. 1992/2024 vide Order dated 11.12.2024 passed by this Hon'ble High Court. Hence, the instant I.A. Petition for correction of his father's name again.” 6. Reading the aforesaid averments it appears that since the writ petitioner had inadvertently typed the name of his father as Shri Radha Ranjan Mitra in the cause title of the connected writ petition since disposed of, instead of Shri Rasha Ranjan Mitra, the name of the father has been mistakenly typed out in the judgment & order of this court. 7. Pertinent that the applicant Anjan Mitra has sworn an affidavit on 24.06.2024 before the jurisdictional Notary Officer declaring that his father’s actual name is Shri Rasha Ranjan Mitra and not Shri Radha Ranjan Mitra. It is further apparent that since the name of the writ petitioner’s father has been incorrectly reflected in the cause-title of the judgment & order dated 10.09.2018 passed in WP(C) No. 1169/2011, the applicant is unable to draw his salary from the Silchar Medical College and Hospital, Silchar. 8. That being so, in the interest of justice, the instant interlocutory application is allowed by rectifying the father’s name of the writ petitioner No. 1, i.e., Anjan Mitra, as “Shri Rasha Ranjan Mitra” instead of “Shri Radha Ranjan Mitra”, in the judgment & order of Page No.# 6/6 WP(C) No.1169/2011, since disposed of on 10.09.2018. 9. Accordingly, the name of the petitioner’s father figured in the cause title of the said judgment & order dated 10.09.2018 in WP(C) No.1169/2011 shall now be read as “Shri Rasha Ranjan Mitra” instead of “Shri Radha Ranjan Mitra. 10. The judgment & order dated 10.09.2018 in WP(C) No.1169/2011 stands corrected to that extent above. 11. This order shall form part of the judgment & order dated 10.09.2018 in WP(C) No.1169/2011. 12. The interlocutory application is accordingly disposed of. 13. Let Registry communicate this order to the applicant/writ petitioner No.1 in WP(C) No.1169/2011 forthwith. JUDGE Comparing Assistant