Page No.# 1/3 GAHC010108982025 2025:GAU-AS:8534 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2836/2025 HEMANTA BORAH S/O LT PREMA KANTA BORAH R/O DOLONIKUA GAON PO KHOANG GHAT DIST DIBRUGARH PIN 785676 ASSAM VERSUS THE STATE OF ASSAM AND ORS REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM MEDICAL EDUCATION AND RESEARCH DEPTT DISPUR 781006 2:THE DIRECTOR OF MEDICAL EDUCATION ASSAM KHANAPARA GUWAHATI 22 3:THE PRINCIPAL OF LAKHIMPUR MEDICAL COLLEGE NORTH LAKHIMPUR ASSAM 4:THE DISTRICT COMMISSIONER SIVASAGAR DIST SIVASAGAR ASSA Advocate for the Petitioner : MR S BORTHAKUR, MS. P BORAH Advocate for the Respondent : GA, ASSAM, SC, HEALTH Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE NELSON SAILO 25.06.2025 Heard Ms. P. Borah, learned counsel for the petitioner. Also heard Ms. S. Sarma, learned Standing Counsel, Health Department for the respondent Nos.1, 2 and 3 and Mr. B. Deuri, learned Government Advocate, Assam, for the respondent No.4. (2) Having regard to the nature of the grievance projected by the petitioner, this writ petition is taken up for disposal at the motion stage itself. (3) By filing this writ petition, the petitioner claims that one Sri Abhigyan Borah son of Ananda Kr. Borah has secured admission in the first year MBBS course of 2023 session in Lakhimpur Medical College under OBC/MOBC Non- Creamy Layer quota by producing a Non-Creamy Layer certificate issued by the District Commissioner, Sivasagar. According to the petitioner, he represents the Kumar community and the grievance expressed is that the said candidate does not belong to the non-creamy layer quota and that the certificate was wrongly issued by the District Commissioner. It is the case of the petitioner that he made a complaint to the Commissioner to the Government of Assam, Medical Education & Research Department on 17.06.2024 and the said authority forwarded the complaint to the District Commissioner, Sivasagar on 27.06.2024 for examination of the matter and to submit a report on the veracity of the complaint made by the petitioner. However, as no action was taken by the concerned authority, the petitioner gave a legal notice to the District Commissioner, Sivasagar on 18.03.2025 which has also not yielded any result. Aggrieved, the petitioner is before this Court. Page No.# 3/3 (4) At the outset, this Court notices that it is not the petitioner, who is seeking admission in the Medical college concerned, but the grievance of the petitioner is that a candidate not belonging to non-creamy layer has been wrongly admitted in the first year MBBS course of 2023 session in Lakhimpur Medical College under a certificate issued by the District Commissioner, Sivasagar. (5) Under such circumstances, this Court is of the prima facie view that a writ petition would not lie. However, noticing the fact that there appears to be a bona fide complaint made about violation of the quota meant for the OBC/MOBC Non-Creamy Layer category and also considering the fact that the Commissioner, Government of Assam, Medical Education & Research Department has already asked the District Commissioner, Sivasagar to look into the matter, the writ petition is disposed of by directing the District Commissioner, Sivasagar to look into the matter in terms of the reference made by the Commissioner to the Government of Assam, Medical Education & Research Department and to submit a report by the said authority so that the matter can be taken to its logical conclusion. (6) It is also provided herein that the District Commissioner, Sivasagar shall do the needful as expeditiously as possible and preferably within a period of 1 (one) month from the date of receipt of certified copy of this order. JUDGE Comparing Assistant