Page No.# 1/11 GAHC010136522025 2025:GAU-AS:8700 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2057/2025 DR PRADIP GOSWAMI AND 10 ORS. S/O LATE NIRANJAN GOSWAMI, TOWN, PATHSALA, P.S. PATHSALA, P.S. PATACHARKUCHI, DIST.BAJALI, PIN-781325 2: DR. JAYANTA KR. BARMAN S/O LATE MAHENDRA NATH BARMAN VILL- POWAKUCHI P.O. SONDHA DIST. NALBARI PIN-781337. 3: DR. ZULFIKAR ALOM S/O LATE KAFIL UDDIN AHMED VILL- MANIPUR PART-I P.O. MAKRIJHORA DIST. KOKRAJHAR ASSAM 4: DR. BIKASH KUMAR SHARMA S/O BALABHADRA SHARMA G-A GIRIJA RESIDENCY SHIV MANDIR PATH BAGHORBARI PANJABARI KAMRUP (M) PIN-781037 5: DR. JYOTI GUPTA W/O DR. HARI RAM PRASAD K.G. PATH BYE LANE NO. 3 Page No.# 2/11 WEST BONGALPUKHURI JORHAT PIN- 785001. 6: DR. CHANAKYA TALUKDAR C/O MADAN TALUKDAR SAWKUCHI BUDHBAZAR GUWAHATI PIN-781040 7: DR. RAFIQUL ISLAM S/O LATE ABU BAKKAR SIDDIQUE ROOPNAGAR JHOGRAPAR PT.III DHUBRI P.O. JHOGRAPAR P.S. AND DIST. DHUBRI ASSAM 8: DR. MALA DUTTA D/O GUNAJYOTI DUTTA ASHIYANA APARTMENT FLAT NO. 504 JYOTI NAGAR NEAR MANWARI AROGYA BHAWAN HOSPITAL DIBRUGARH PIN-786005. 9: DR. RAMEN CHANDRA THAKURIA S/O LATE KRISHNA RAM THAKURIA VILL- KHANAMUKH P.O. DHARAPUR P.S. AZARA DIST. KAMRUP (M) PIN-781017. 10: DR. JAHIDUL ISLAM S/O LATE ABDUR RAHIM VILL- MAJGAON P.O. MAJGAON P.S. AND DIST. BARPETA ASSAM PIN-781313 11: DR. DIPAK KR. HAZARIKA S/O LT. INDRA MOHAN HAZARIKA VILL- BUDHIPUR Page No.# 3/11 P.O. LANGHIN TINIALI P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM VERSUS THE STATE OF ASSAM AND 10 ORS THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, MEDICAL EDUCATION AND RESEARCH DEPARTMENT, DISPUR, GUWAHATI. 2:THE DEPARTMENTAL PROMOTION COMMITTEE (DPC) DATED 18.01.2023 FOR PROMOTION TO THE POSTS OF READER (ASSOCIATE PROFESSOR) IN HOMOEOPATHIC MEDICAL COLLEGES OF ASSAM REPRESENTED BY ITS CHAIRPERSON DR. SIDDHARTH SINGH COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM MEDICAL EDUCATION AND RESEARCH DEPARTMENT DISPUR GUWAHATI. 3:THE NATIONAL COUNCIL OF HOMOEOPATHY (FORMERLY KNOWN AS CENTRAL COUNCIL OF HOMOEOPATHY) THROUGH THE REGISTRAR-CUM-SECRETARY JAWAHARLAL NEHRU BHARTIYA CHIKITSA AVUM HOMOEOPATHIC ANUSANDHAN BHAWAN 61-65 INSTITUTIONAL AREA OPP. D BLOCK JANAKPURI NEW DELHI PIN-1100058 4:THE UNION OF INDIA THROUGH THE SECRETARY GOVERNMENT OF INDIA MINISTRY OF AYUSH AYUSH BHAWAN B BLOCK GPO COMPLEX INA NEW DELHI-110023 5:DR. TIRTHADYUTI CHOUDHURY READER AHMCH NAGAON (NOW AMALGAMATED WITH SJNHMC GUWAHATI). Page No.# 4/11 6:DR (MRS.) YUMNAM SARITA READER SJNHMC GUWAHATI. 7:DR. SANJIB SHARMA READER SJNHMC GUWAHATI 8:DR. MONOJ KUMAR DEKA READER SJNHMC GUWAHATI. 9:DR. DEEPEN BARUAH READER DR. JKSHMC JORHAT (NOW AMALGAMATED WITH SJNHMC GUWAHATI). 10:DR. PULIN KUMAR PEGU READER SJNHMC GUWAHATI. 11:DR. (MRS.) L. GOMATI DEVI READER DR. JKSHMC JORHAT (NOW AMALGAMATED WITH SJNHMC GUWAHATI Advocate for the Petitioner : MR. P K TIWARI, MR. A R GOGOI Advocate for the Respondent : SC, HEALTH, DY.S.G.I.,MR. K N CHOUDHURY(R- 6,7,8,9,10,11),MR. R M DEKA(R-6,7,8,9,10,11),MS N MAHANTA(R-6,7,8,9,10,11) Linked Case : WP(C)/3350/2024 DR PRADIP GOSWAMI AND 10 ORS. S/O LATE NIRANJAN GOSWAMI TOWN PATHSALA P.S. PATHSALA P.S. PATACHARKUCHI DIST.BAJALI PIN-781325 Page No.# 5/11 2: DR. JAYANTA KR. BARMAN S/O LATE MAHENDRA NATH BARMAN VILL- POWAKUCHI P.O. SONDHA DIST. NALBARI PIN-781337. 3: DR. ZULFIKAR ALOM S/O LATE KAFIL UDDIN AHMED VILL- MANIPUR PART-I P.O. MAKRIJHORA DIST. KOKRAJHAR ASSAM 4: DR. BIKASH KUMAR SHARMA S/O BALABHADRA SHARMA G-A GIRIJA RESIDENCY SHIV MANDIR PATH BAGHORBARI PANJABARI KAMRUP (M) PIN-781037 5: DR. JYOTI GUPTA W/O DR. HARI RAM PRASAD K.G. PATH BYE LANE NO. 3 WEST BONGALPUKHURI JORHAT PIN- 785001. 6: DR. CHANAKYA TALUKDAR C/O MADAN TALUKDAR SAWKUCHI BUDHBAZAR GUWAHATI PIN-781040 7: DR. RAFIQUL ISLAM S/O LATE ABU BAKKAR SIDDIQUE ROOPNAGAR JHOGRAPAR PT.III DHUBRI P.O. JHOGRAPAR P.S. AND DIST. DHUBRI ASSAM Page No.# 6/11 8: DR. MALA DUTTA D/O GUNAJYOTI DUTTA ASHIYANA APARTMENT FLAT NO. 504 JYOTI NAGAR NEAR MANWARI AROGYA BHAWAN HOSPITAL DIBRUGARH PIN-786005. 9: DR. RAMEN CHANDRA THAKURIA S/O LATE KRISHNA RAM THAKURIA VILL- KHANAMUKH P.O. DHARAPUR P.S. AZARA DIST. KAMRUP (M) PIN-781017. 10: DR. JAHIDUL ISLAM S/O LATE ABDUR RAHIM VILL- MAJGAON P.O. MAJGAON P.S. AND DIST. BARPETA ASSAM PIN-781313 11: DR. DIPAK KR. HAZARIKA S/O LT. INDRA MOHAN HAZARIKA VILL- BUDHIPUR P.O. LANGHIN TINIALI P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM VERSUS THE STATE OF ASSAM AND 10 ORS THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM MEDICAL EDUCATION AND RESEARCH DEPARTMENT DISPUR GUWAHATI. 2:THE DEPARTMENTAL PROMOTION COMMITTEE (DPC) DATED 18.01.2023 FOR PROMOTION TO THE POSTS OF READER (ASSOCIATE PROFESSOR) IN HOMOEOPATHIC MEDICAL COLLEGES OF ASSAM REPRESENTED BY ITS CHAIRPERSON DR. SIDDHARTH SINGH COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM Page No.# 7/11 MEDICAL EDUCATION AND RESEARCH DEPARTMENT DISPUR GUWAHATI. 3:THE NATIONAL COUNCIL OF HOMOEOPATHY (FORMERLY KNOWN AS CENTRAL COUNCIL OF HOMOEOPATHY) THROUGH THE REGISTRAR-CUM-SECRETARY JAWAHARLAL NEHRU BHARTIYA CHIKITSA AVUM HOMOEOPATHIC ANUSANDHAN BHAWAN 61-65 INSTITUTIONAL AREA OPP. D BLOCK JANAKPURI NEW DELHI PIN-1100058 4:THE UNION OF INDIA THROUGH THE SECRETARY GOVERNMENT OF INDIA MINISTRY OF AYUSH AYUSH BHAWAN B BLOCK GPO COMPLEX INA NEW DELHI-110023 5:DR. TIRTHADYUTI CHOUDHURY READER AHMCH NAGAON (NOW AMALGAMATED WITH SJNHMC GUWAHATI). 6:DR (MRS.) YUMNAM SARITA READER SJNHMC GUWAHATI. 7:DR. SANJIB SHARMA READER SJNHMC GUWAHATI 8:DR. MONOJ KUMAR DEKA READER SJNHMC GUWAHATI. 9:DR. DEEPEN BARUAH READER DR. JKSHMC JORHAT (NOW Page No.# 8/11 AMALGAMATED WITH SJNHMC GUWAHATI). 10:DR. PULIN KUMAR PEGU READER SJNHMC GUWAHATI. 11:DR. (MRS.) L. GOMATI DEVI READER DR. JKSHMC JORHAT (NOW AMALGAMATED WITH SJNHMC GUWAHATI) ------------ Advocate for : MR. P K TIWARI Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND 10 ORS BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 26.06.2025 Heard Mr. P. K. Tiwari, learned senior counsel, assisted by Mr. A. R. Gogoi, learned counsel, appearing on behalf of the applicants, herein. Also heard Ms. D. Borah, learned standing counsel, Health Department, appearing on behalf of Opposite Parties No. 1 & 2; Ms. S. G. Baruah, learned CGC, appearing on behalf of Opposite Party No. 4; and Mr. N. Gautam, learned counsel, appearing on behalf of Opposite Parties No. 5 to 11. 2. The present interlocutory application has been instituted by the applicants, herein, praying for a direction to the respondent authorities to keep in abeyance, the process initiated for consideration of the cases of the Opposite Parties No. 5 to 11, for promotion to the cadre of Professor in Homeopathic Medical Colleges of the State of Assam. 3. The applicants, herein, as petitioners, had instituted the connected writ Page No.# 9/11 petition being WP(c)3350/2024, inter alia, assailing therein, the recommendations made by the Departmental Promotion Committee(DPC) in its meeting held on 18-01-2023, recommending the cases of the Opposite Parties No. 5 to 11, for promotion to the cadre of Associate Professor/ Reader in the Homeopathic Medical Colleges in the State of Assam. The petitioners, therein, had also assailed the consequential Notification, dated 25.01.2023, promoting the Opposite Parties No. 5 to 11, to the cadre of Associate Professor/Reader. It is also to be noted that the said writ petition is presently pending disposal before this Court. 4. It is to be noted that as per the materials brought on record, the cadre of Associate Professor/Reader is the feeder cadre for promotion to the cadre of Professor. 5. In view of the above position; the applicants, herein, have contended that the promotion of the Opposite Parties No. 5 to 11, to the cadre of Associate Professor/Reader, being under challenge; they ought not to have been considered further for promotion to the next higher cadre of Professor. The applicants, herein, have accordingly submitted that this Court will be pleased to keep in abeyance, the process initiated for consideration of the cases of the Opposite Parties No. 5 to 11 to the cadre of Professor till the disposal of the connected writ petition being WP(c)3350/2024. 6. Mr. Tiwari, learned senior counsel, appearing on behalf of the applicants, herein, has submitted that in the event, further promotions are effected in respect of the Opposite Parties No. 5 to 11 to the cadre of Professor; the applicants, herein, stand to suffer irreparable loss and injury. The learned senior counsel has further submitted that the applicants, herein, have a good case on merit in the said writ petition being WP(c)3350/2024, and accordingly, the Page No.# 10/11 order(s) promoting the Opposite Parties No. 5 to 11, to the cadre of Associate Professor/Reader, would mandate an interference from this court. 7. Mr. Tiwari, learned senior counsel, has, however, submitted that in the event this Court is pleased not to accept the submissions made by the applicants, herein, it would be pleased to direct that any promotion made to the cadre of Professor, would be subject to the final outcome of the connected writ petition being WP(c)3350/2024 and also direct that the said writ petition be considered for disposal at an early date. 8. The learned counsels appearing on behalf of the Opposite Parties, on the other hand, have submitted that this Court would be pleased not to interfere with the process initiated for promotion of the incumbents in the cadre of Associate Professor/Reader to the cadre of Professor. 9. I have considered the submissions made by the learned counsels appearing for the parties and also perused the materials brought on record. 10. On an examination of the matter, this Court is of the considered view that it would not be permissible to keep in abeyance, the process initiated for consideration of the cases of the Opposite Parties No. 5 to 11, for promotion to the cadre of Professor, in-as-much as, this Court is yet to arrive at a conclusion with regard to the challenge presented to the promotion effected in respect of Opposite Parties No. 5 to 11, to the cadre of Associate Professor/Reader. 11. Accordingly, it is hereby directed that in the event, the Opposite Parties No. 5 to 11, are promoted to the cadre of Professor; such promotion shall be subject to the final outcome of the connected writ petition being WP(c)3350/2024. It is Page No.# 11/11 further provided that the respondent authorities shall also incorporate a stipulation in such order(s) of promotion to the effect that the promotion so effected, is subject to the final outcome of WP(c)3350/2024. 12. With the above directions and observations, the instant interlocutory application, accordingly, stands disposed of. JUDGE Comparing Assistant