HIMASHMI SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Khan, learned counsel for the petitioners. Also heard Mr. B. Gogoi, learned Addl. AG, Assam appearing for the State/ respondent.

(2.) The petitioners by way of instituting the present proceeding have assailed a notice dtd. 13/10/2024 issued towards cancellation of the recruitment process initiated vide advertisement dt. 30/7/2022 in respect of the posts against which the process of recruitment, was not taken to its logical conclusion.

(3.) The petitioners in pursuance to an advertisement dtd. 30/7/2022 issued by the Mission Director, NHM, Assam, inviting applications for engagement on contractual basis against various posts, including the post of Rehabilitation Workers, having fulfilled the requisite eligibility criteria had submitted their respective candidature for consideration for such recruitment against the post of Rehabilitation Workers. The petitioners being found to be eligible for being considered for recruitment against the post of Rehabilitation Workers, they were permitted to appear in a selection process held for the matter. The petitioners participated in the interview held for the said position on 1/8/2023 and 2/8/2023. It is seen that the select list having been prepared, the same was processed and was approved by the competent authority on 12/3/2024. On conclusion of the selection process and approval of the select list, the authorities published the select list through a notice bearing No. NHM-31013(11)/7/20-23/HRD/NHM-National Health Mission dtd. 13/3/2024. The names of the petitioners, herein, finds place in the said select list. Thereafter, the matter was processed for appointing the selected candidates, including the petitioners, and a draft posting order was also prepared. However, during the processing of the said matter, the highest executive of the State on noticing that the recruitments in NHM were being carried out without providing for reservation to the reserved communities, proceeded vide communication dtd. 30/6/2024, to require the NHM authorities to cancel all recruitment made recently, as well as ongoing recruitments, where provision of reservation of posts were not made for the reserved communities. The NHM authorities were, thereafter, required to initiate fresh process of recruitment for the vacant posts.