Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

Assam PSC
candidature of the number one nominee for very valid reasons there should be no bar in
accepting the 2 nd nomination.
It is further suggested that the whole matter regarding issue of experience certificate
by Dr. P.K.Deka, PD IPP IX to Dr.B.C.Goswami fraudulently should be inquired into by
the Vigilance through Anti-corruption Branch. CS may kindly obtain CM’s approval for
taking up a vigilance case.
Hon’ble Chief Minister, Sd/- Commissioner & Secretary,
Health
This is regarding appointment of Director, Health Services, Assam as per APSC’s
Select list. Hon’ble C.M. vide his order at page 121/N wanted to know the ‘Rules
position’. Commissioner & Secretary, Health was furnished the Rules position at office
note from prepage. C.M. may kindly peruse the same and pass necessary order to
appoint Dr. Paresh Bhattacharjee, the 2 nd nominee for the post of Director Health Services.
Regarding ‘X’ above, explanation may be called from Dr.P.K.Deka, P.D., Assam
Area Project first for taking appropriate action.
Submitted for approval. Sd/- Minister, Health.
Approved
Sd/- C.M.
The note which has been quoted above will have bearing on the argument advanced by the learned
Advocate for the petitioners. From this note it will be crystal clear that at the time of issuing advertisement
as quoted above there was no qualification prescribed by the Government as required under the Rules
with regard to academic qualification and experience. It appears that the authority while issuing
advertisement adopted its own approach as yardstick and laid down the qualification and experience
as was done in the past. It further appears that the APSC also adopted a mechanical approach
instead of looking to the qualification as required to be prescribed it issued advertisement with the
qualification as suggested by Government. The Commission adopted an approach which cannot be
accepted. The experience prescribed in the advertisement was of Chief Medical and Health Officer
or Additional Chief Medical and Health Officer or bearing both experience together or an equivalent
or Higher post. Mr.Bipul Chandra Goswami is MBBS and subsequently he also passed MD in
Gynecology. Dr. Goswami joined in the service as Assistant Surgeon on 18.10.73. He became
Senior Medical & Health Officer on 9.1.73. He became Superintendent of Civil Hospital (rank of
S.D.M. & H.O.) on 1.8.94. He was not promoted to the rank of Chief Medical and Health Officer
or Additional Chief Medical and Health Officer. Thereafter he went on deputation to Assam Area
Project under World Bank and there he was posted as Junior Consultant (HMD). That was a deputation
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