- Parties: Abinash Gogoi vs Assam State power distribution co. Ltd & ors.
Court: High Court, Guwahati
Decision date: 12.02.2021
The petitioner Abinash Gogai, has filed a writ application u/s 226 of the COI, 1950 for issuing a writ of Mandamus / certiorari for violation of principles of Natural Justice, against Assam State Power Distribution co ltd & Ors. In this respondent no. 5 is a hospital (AICL member).
Facts:
Petitioner completed his Bachelor of Engineering in 2016 and applied for the post of Assistant Manager, in APDCL under OBC Category. Petitioner appeared for the written test and became successful. Notification showed provisional appointment for the post of Asst Manager, Electrical etc. after completion of medical examination and police verification. Petitioner was called to visit respondent no.5 hospital for medical examination on 17-01-2018. After reaching the said hospital he was informed that, there is instruction by Dr. Dihingia, officer on special duty (respondent no.4) to the said hospital to not examine the petitioner. Upon inquiring respondent no.4 informed that he has been selected under disability category so produce the certificate whereas he has not filled the application under any disability category. Hence, he filed this writ petition against the respondents who deprived him from his legitimate claim.
The AICL member was made party without any role and cause the learned counsel of AICL submitted the version and vehemently died that there is no direct allegation on respondent no.5 and who followed the instructions of duty officer, there is no direct connection with the petitioner.
The learned court dismissed the petitioner against all the respondents including respondent no.5.