DIPANKAR DIHINGIA S/O DIPAK DIHINGIA Vs. STATE OF ASSAM AND OTHERS
LAWS(GAU)-2018-7-127
HIGH COURT OF GAUHATI
Decided on July 18,2018

Dipankar Dihingia S/O Dipak Dihingia Appellant
VERSUS
State of Assam and Others Respondents

JUDGEMENT

SUMAN SHYAM,J. - (1.) Mr. M. Biswas, learned counsel for the writ petitioner. I have also heard Mr. D.P. Borah, learned standing counsel, Health Department, Assam, appearing for the respondent No. 1 to 6 as well as Mr. A. Das, learned counsel representing the respondent No. 7.
(2.) In this writ petition, the selection and the consequent appointment of the respondent No. 7 against the second vacancy of Sr. Treatment Supervisor (STS) in the Dhemaji T.B. Cell has been put under challenge.
(3.) The facts of the case giving rise to the filing of the present writ petition are these. On 12-03-2015, the Director of Health Services, Assam, i.e. the respondent No. 3 had issued an advertisement notice inviting applications for filling up of various posts including the post of STS under the different districts/T.B. Cells in Assam. The advertisement notice dated 12-03- 2015 had mentioned the qualification and the salary attached to each posts but did not indicate the procedure that would be adopted for selection of the candidates. The respondent authorities had held a written test wherein the writ petitioner had participated and scored 86 marks. Accordingly, he was called for the viva-voce test. However, eventually the respondent No. 7, who had scored only 47 marks in the written test, was selected for the second post of STS solely on the basis of her score in the viva-voce test which was 62 as against 57 marks obtained by the writ petitioner. By the impugned order dated 29-06-2015, the respondent No. 7 was recommended as one of the selected candidates for appointment in the Dhemaji district T.B. Centre. Aggrieved thereby, the present writ petition has been filed.;


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