DR BAIKUNTHA BARMAN v. DR. SIDHARTH SINGH, IAS AND 2 ORS.
Cont.Cas(C)/403/2025 · 2025-09-21
Arun Dev Choudhury
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 16985 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 16985 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/3 GAHC010170252025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/403/2025 DR BAIKUNTHA BARMAN SON OF LATE DHARANI BARMAN, PERMANENT RESIDENT OF RANGA TILA, BATAHGHULI, P.O.- PANJABARI, DISTRICT- KAMRUP (METRO), ASSAM, PIN-781037 VERSUS 1.DR. SIDHARTH SINGH, IAS AND 2 ORS. COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, MEDICAL EDUCATION AND RESEARCH DEPARTMENT, DISPUR, GUWAHATI- 6 2:DR. INDRANOSHEE DAS ACS DIRECTOR OF AYUSH ASSAM ELYSIAN PALACE, HOUSE NO.-9 DISPUR LAW COLLEGE ROAD DISPUR GUWAHATI- 6 3:DR. MONOJ KUMAR DEKA READER AND HEAD OF THE DEPARTMENT OF MATERIA MEDICAL SWAHID JADAV NATH HOMEOPATHIC MEDICAL COLLEGE AND HOSPITAL GUWAHATI P.O.- PANJABARI DISTRICT- KAMRUP(METRO) ASSAM PIN-78103 For the Petitioner(s) : Mr. K.M. Haloi, Advocate. For the Respondent(s) : Mr. D.P. Borah, Advocate for respondent Nos.1 & 2. – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY
22.09.2025 (Ashutosh Kumar, CJ)
We have heard Mr. K.M. Haloi, learned Advocate for the petitioner and
Page No.# 2/3 Mr. D.P. Borah, learned Advocate for respondent Nos.1 and 2. 2. The petitioner, despite being the senior most Professor at Swahid Javad Nath Homeopathic Medical College and Hospital, Guwahati was not appointed as Vice Principal of the College, which is a promotional post and is required to be filled up by promoting the senior most eligible Professor, as per the established norms. In fact, respondent No.3, a Reader in the College and junior to the petitioner, was appointed as In-charge Vice Principal of the College. 3. This appointment of respondent No.3 was challenged by the petitioner before this Court vide WP(C) No.6110/2024, which was allowed. 4. The respondent No.3 was found to be ineligible to be appointed as Vice Principal even on a temporary basis. Additionally, the learned Single Judge also held that the petitioner was eligible for the said post. However, the learned Single Judge in that instance permitted the respondent No.3 to continue as the Vice Principal In-charge till the time the post is filled up on a regular basis. 5. This observation of the learned Single Judge was again challenged by the petitioner vide WA No.187/2025. 6.
The Division Bench vide judgment dated 20.06.2025 held as follows:-
“Taking into consideration the matter in its entirety, it is reiterated that the State respondents shall complete the regular selection process to fill up the post of Vice Principal of the Homeopathic College within time period, as directed by the learned Single Judge. In the meantime, the State respondents shall also make necessary arrangements to run the affairs of the Homeopathic college by appointing an eligible person, either to the post of Principal or to the post of Vice- Principal, on In-Charge basis, as expeditiously as possible, but within an outer
Page No.# 3/3 limit of two weeks from today. It is further observed that in the event there no eligible person is available, the State respondents shall run the affairs of the Homeopathic College through an Administrative Officer having the competence to run such an institution.”
7. Today, Mr. D.P. Borah, learned Advocate for the respondent Nos.1 and 2 has submitted that in the interest of public service, Smt. Loni Borpatra Gohain, ACS, Deputy Secretary of Medical Education and Research Department has been entrusted to hold the charge of Principal (i/c), Swahid Jadav Nath Homeopathic College and Hospital in addition to her normal duties with immediate effect and until further orders. Mr. Borah has further submitted, as informed to him by the Department, that the regular process of filling up the post of Vice Principal is afoot and very shortly, the advertisement would be issued for the same. 8. Taking this statement on record, we do not deem it necessary to continue with the contempt petition any further, with the hope and trust that the process shall be completed without any delay, failing which, the petitioner shall have the liberty to approach this Court again. 9. The contempt petition stands closed. JUDGE CHIEF
JUSTICE
Comparing Assistant