Page No.# 1/6 GAHC010042602018 2026:GAU-AS:4356 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1330/2018 SUNIL KUMAR GHOSE AND 7 ORS S/O- LT SADANANDA GHOSH, VILL- GHOSHPARA, WARD NO. 14, P.O. BIDYAPARA, P.S. DHUBRI, DIST- DHUBRI, ASSAM, PIN-783301 2: MONOWAR HOSSAIN S/O- LT MIA ULLAH R/O- VILL- NEWGHAT WARD NO.12 P.O.- A.M. CO ROAD P.S. DHUBRI DIST- DHUBRI ASSAM PIN-783323 3: MAGHA BALA ADHIKARY D/O- SATENDRA BHUSHAN ADHIKARY VILL- GAURIPUR WARD NO.1 P.O. AND P.S. GAURIPUR DIST- DHUBRI ASSAM PIN-783331 4: IMAN ALI MONDAL S/O- LT ABED ALI MONDAL VILL- SONAKHULI PART 2 P.O. DIGHALTARI P.S. GOLOKGANJ DIST- DHUBRI ASSAM PIN-783335 5: HIRANYA KUMAR RAY S/O- UPENDRA NATH RAY VILL- DEBUTTAR HASDAHA Page No.# 2/6 P.O. KACHARIHAT P.S. AND DIST- DHUBRI ASSAM PIN-783334 6: AINUN NIHAR SARKAR D/O- ABU SAYED SARKAR VILL- BHELAKOBA P.O. KHUDIMARI P.S. GAURIPUR DIST- DHUBRI ASSAM PIN-783331 7: TALEB ALI S/O- LT KASHEM ALI MK VILL- DIMATOLA POYESTIRCHAR P.O. JORUARCHAR P.S. FAKIRGANJ DIST- DHUBRI ASSAM PIN-783301 8: UTTAM KR. RAY S/O- LT JATINDRA NATH RAY VILL- SUBASH NAGAR WARD NO.4 P.O. AND P.S. SAPATGRAM DIST- DHUBRI ASSAM PIN-78333 VERSUS THE STATE OF ASSAM AND 3 0RS REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GHY-6 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM SOCIAL WELFARE DEPTT. DISPUR GHY-6 3:THE DIRECTOR OF SOCIAL WELFARE ASSAM UZANBAZAR GHY-1 4:DISTRICT SOCIAL WELFARE OFFICER Page No.# 3/6 P.O. AND DIST- DHUBRI ASSAM PIN-78330 Advocate for the Petitioner : MR. S ALIM, MR. B HUSSAIN,MR. A T SIKDER,MR. K ISLAM Advocate for the Respondent : GA, ASSAM, SC, SOCIAL JUSTICE AND EMPOWERMENT,MR R M DAS BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 24.03.2026 Heard Mr. S Ali, learned counsel for the petitioners. Also heard Mr. T C Chutia, leaned Addl. Senior Government Advocate appearing for the respondents. 2. The petitioners, by instituting the present writ petition, have presented a challenge to an order dated 17.01.2018, whereby, their cases for recruitment, against vacant posts, identified for appointment of persons with disability, came to be rejected on the ground that the names of the petitioners did not figure in the select list and/or had so figured in positions, below the position, mandated for such appointment. 3. The petitioners, herein, had appeared in a selection process for a Special Recruitment Drive, for filling up of 662 (Sixty Hundred Sixty Two) nos. of Grade-III and Grade-IV backlog vacancies, meant for physically disabled persons. The petitioners in the said selection process were allotted Roll nos. 209, 347, 299, 306, 142, 172, 223 and 192. The petitioners contend that their names, figured in the list so prepared for the district of Dhubri, as well as in the State list prepared for the vacant posts available in the district of Dhubri. 4. The said recruitment process was assailed before this Court by candidates, taking part in the selection process, by way of instituting Writ Petitions being WP(C) no. 1424/2011 and WP(C) no. 3994/2011. The said writ petitions, were given a final consideration by a coordinate Bench of this Court, vide an order dated 23.04.2015. The coordinate Bench of Page No.# 4/6 this Court, noticing that 134 (One Hundred Thirty Four) backlog vacant posts were still available, proceeded to direct for effecting appointment, in respect of the petitioners, in the said proceedings against available vacancies relatable to the recruitment drive, carried out in the year 2005-06. The petitioners, herein, being aggrieved, on being not extended with an order of appointment, in terms of their selection process, approached this Court, by way of instituting a writ petition being WP(C)/362/2017. A coordinate Bench of this Court, vide order dated 22.09.2017, noticing the issues arising in the said writ petition, proceeded to dispose of the same by directing the authorities to verify the merit position obtained by the petitioners, in the said selection process and proceed with their appointment, in terms of their such merit position. It was further directed that the department shall also consider accommodating the petitioners, even if they are found to be over-aged. The respondent authorities, more particularly the Director of Social Welfare, Assam, in terms of the directions passed by this Court, vide the said order dated 22.09.2017, proceeded to pass the order dated 17.01.2018, rejecting the claim of the petitioners for being appointed against the vacant posts so available in the district of Dhubri. Being aggrieved, the petitioners have instituted the present writ petition. 5. The Learned Counsel for the petitioners by reiterating the facts noticed, hereinabove, has submitted that the petitioners’ name, having figured in the select list, prepared for the district of Dhubri, there was no occasion for the respondent authorities to not appoint the petitioners, in terms of their such selection. Accordingly, the Learned Counsel for the petitioners submits that the order dated 17.01.2018, passed by the Director of Social Welfare, Assam, would mandate an interference. 6. Per contra, Mr. T C Chutia, leaned Addl. Senior Government Advocate appearing for the respondents, has supported the order dated 17.01.2018, and has submitted that the petitioners have not disputed the conclusions reached by the Director of Social Welfare, Assam, in the said order dated 17.01.2018 and accordingly, the said conclusions, being drawn, based on the records, would not mandate an interference from this Court. 7. I have heard the learned counsel for the parties and perused the materials available on record. Page No.# 5/6 8. The facts, as noticed, hereinabove, are not in dispute. 9. In pursuance to the directions passed by this Court, vide the order dated 22.09.2017 in WP(C)/362/2017, the case of the petitioners were reconsidered by the Director of Social Welfare, Assam. On such reconsideration of the case of the petitioners, it was found that the petitioner nos. 1 and 6, did not find place in the select list, so prepared. In respect of the other petitioners, it was held that on consideration of the merit position, as obtained by them, in the connected selection process, they were not found to be placed within the merit position for appointment, considering the number of posts available. 10. This Court has perused the conclusions drawn by the Director of Social Welfare, Assam, in the said order dated 17.01.2018, in the light of the submissions, made by the parties, to the proceedings, and finds that the petitioners, herein, have not brought on record any material to dispute the said conclusions drawn by the Director of Social Welfare, Assam. The petitioners have not brought on record any material to demonstrate that in addition to the vacant posts, as set out in the said order dated 17.01.2018, to be available for persons with disability, there were other vacant posts within the categories so identified. Further, the petitioners have also not disputed the directions made by the Director of Social Welfare, Assam, with regard to the merit position obtained by them in the connected selection process. 11. In view of the above position as emanating in the matter, the petitioners not having disputed the contentions raised by the Director of Social Welfare, Assam, this Court is not in a position to hold the conclusions drawn by the Director of Social Welfare, Assam, in the order dated 17.01.2018, to be erroneous. Accordingly, the said order dated 17.01.2018, would not mandate an interference from this Court. This Court also notices that the selection process in question, was initiated in the year 2005-06 and after lapse of around 20 years in the matter, this Court would also not hold that the select list, prepared in the matter, to be subsisting any further. 12. Accordingly, in view of the above discussion, this Court finds that the present writ petition is devoid of any merit and the same stands dismissed. However, there would be no order as to costs. Page No.# 6/6 JUDGE Comparing Assistant