BORSHA DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Dasgupta, learned senior counsel assisted by Mr. N. M.Hazarika, learned counsel appearing for the appellant. Also heard Mr. B. Gogoi, learned Standing counsel, Health Department appearing for the respondents.

(2.) This Writ Appeal is directed against the order dtd. 13/9/2021 passed by the learned Single Judge whereby the writ petition preferred by the appellant as the writ petitioner challenging the notice dtd. 12/11/2018 by which the name of the appellant was rejected on the ground that she did not possess requisite educational qualification on the last date of submission of the application.

(3.) By an advertisement dtd. 14/12/2017, the respondent No. 2 i.e. the Director of Health Services, Assam invited online applications for 5(five) posts including Radio-graphers to be appointed in 47 nos. of newly created model hospitals in the State of Assam. Subsequently, by an addendum dtd. 3/3/2018, the period of submission of online applications were extended from 5/3/2018 to the midnight of 16/3/2018. It was also provided therein that the candidates who applied earlier in response to the advertisement dtd. 14/12/2017 need not apply in response to the said addendum to the advertisement. The appellant had applied for the post of Radiographer as per the advertisement dtd. 14/12/2017. The prescribed minimum educational qualification for the post of Radiographer is Radiographer Technician Certificate or above from any Government recognized institute of the Government of Assam. The appellant submitted her online application and pursuant thereto she was issued the admit card to appear in the written examination to be held on 8/7/2018. The said examination held as per schedule and the result of the written examination was declared on 26/7/2018. The appellant thereafter appeared in the skill test on 2/8/2018 and the final result was declared on 17/9/2018. However, by the impugned rejection notice dtd. 12/11/2018, the candidature of the appellant was rejected on the ground that she had completed her course after the month of May, 2018 which is after the last date for submission of the application. Accordingly, the appellant as the petitioner challenged the said rejection notice dtd. 12/11/2018.