STATE OF ASSAM Vs. BANAJIT BARMAN

JUDGEMENT

(1.) Heard Shri DP Borah, learned Standing Counsel, Health and Family Welfare Department - review applicant, who have filed this petition for review of an order dt. 12/10/2020 passed by this Court in WP(C)/1036/2020. Also heard Shri S. Hoque, learned counsel for the opposite party / writ petitioner.

(2.) The writ petition was instituted by the opposite party with regard to a recruitment process initiated vide an advertisement dtd. 4/10/2017 issued by the Fakruddin Ali Ahmed College and Hospital, Barpeta (hereinafter called the Hospital) for appointment to, amongst others, a post of Medical Record Officer. It is the case of the opposite party (hereinafter called the writ petitioner) that he had applied along with other candidates whereafter, the applications were considered and the writ petitioner was allowed to participate in the same wherein a written test was held. It is the specific case of the writ petitioner that in the said written test, the writ petitioner as well as the respondent no. 5, one Shri Banajit Das had secured the same marks and for that reason, the appointments were held up. In this connection, the information received under the RTI Act has been referred to. It was further averred that the said respondent no. 5 had no objection if the writ petitioner was given the appointment as, in the meantime, the respondent no. 5 therein was appointed as an Assistant Teacher on regular basis. The respondent no. 5 therein, in fact had filed an affidavit-in-opposition on receipt of notice and in the said affidavit-in-opposition, the respondent no. 5 had made a categorical averments in paragraph 6 which has been quoted in the order dtd. 12/10/2022 of this Court which has been prayed to be reviewed. The case of the writ petitioner was that since the respondent no. 5 had made such categorical statement on affidavit, the case of the writ petitioner for appointment be considered. This Court had also recorded the stand of the learned Standing Counsel of the Department in the aforesaid order in the following manner:

(3.) Accordingly, this Court had passed the following direction-