IBRAHIM ALI Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
STATE OF ASSAM
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L.S. Jamir, J. -
(1.) All this writ petitions, having similar cause of action and the relief sought being similar, are disposed of by this common order.
(2.) Heard Mr. S. P. Sarma, learned counsel for the petitioner. Also heard Mr. S. S. Roy, learned Government Advocate for the State respondent as well as Mr. H. Rahman, learned Senior counsel, appearing for the Assam Minority Development Board, Mr. N. Deka, learned counsel for the Assam Downtown University and Mr. B. Gogoi, learned Standing Counsel, National Health Mission, Assam. None appears for the Dental Council of India despite service of notice.
(3.) The petitioners were provisionally selected to undergo a training of Dental Technician for a period of one year by letter dated 009.2010, issued by the Assam Minorities Development Board. The petitioners successfully completed the said course from the Assam Downtown University. In the meantime, the office of the Mission Director, National Health Mission, Assam, issued an advertisement dated 18.02.2015, for filling up various posts to work in the mission mode on contractual basis. Amongst the various posts advertised, 27 Nos. of posts of Dental Technician were also included and requisite qualification/eligibility criteria for the post of Dental Technician was prescribed to have passed 1 (one) or 2 (two) years course on Dental Technician from a recognized institution. As all the petitioners had obtained the course on Dental Technician from the Assam Downtown University and, therefore, being eligible, they had applied for the post of Dental Technician in terms of the advertisement dated 18.02.2015. Thereafter, the petitioners were called for interview. However, after conducting the interview, the Mission Director, National Health Mission, Assam, issued a circular dated 101.2016 with respect to the post of Dental Technician, indicating that no suitable candidates were found. Being dissatisfied and also being aggrieved by the circular dated 101.2016, the petitioner in WP(C) 2702/2016 made an RTI application, requesting for the reasons that they were not found suitable. In reply, the petitioner was informed that the committee, constituted for the purpose to hold the interview for the post of Dental Technician, had examined the applications and the committee, on examination of the academic qualification of the candidates, had found that the academic certificates furnished by the applicants from the institutions were not recognized by the apex body of the Dental Technician Course, i.e. "Dental Council of India" and, therefore, all the candidates, who appeared, were not found suitable for engagement by the committee. Being aggrieved with the decision of the committee, as reflected in the RTI reply, the present writ petition has been filed challenging the decision of the committee as well as for a direction to the National Health Mission, Assam, to reconsider the case of the petitioners and to make appointments.;
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