Page No.# 1/4 GAHC010179222024 2025:GAU-AS:3919 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4569/2024 M/S INSTITUTE OF PUBLIC HEALTH AND RESEARCH, BALIPARA REPRESENTED BY ITS PRINCIPAL DR. BOLORAM MAHAPATRA, (AGE- 45 YEARS), S/O- LATE RAJESH MAHAPATRA, R/O- VILL- BORGANG, P.O.- BORGANG, P.S.- BEHALI, DISTRICT- BISWANATH, ASSAM, PRINCIPAL OF THE INSTITUTE OF PUBLIC HEALTH AND RESEARCH, BALIPARA. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF HEALTH AND F.W., DISPUR. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM MEDICAL EDUCATION AND RESEARCH DEPARTMENT DISPUR. 3:THE REGISTRAR SRIMANTA SANKARDEVA UNIVERSITY OF HEALTH SCIENCE (SSUHS) BHANGAGARH GUWAHATI. 4:THE DIRECTOR OF MEDICAL EDUCATION ASSAM SIXTH MILE Page No.# 2/4 GUWAHATI KAMRUP(M) ASSAM. 5:THE DISTRICT COMMISSIONER SONITPUR DISTRICT TEZPUR ASSAM (TRANSFORMATION AND DEVELOPMENT BRANCH) ASSAM. 6:THE MANAGING DIRECTOR LEELAS FOUNDATION FOR EDUCATION AND HEALTH REGISTERED OFFICE- 54 SHANTI VIHAR COLONY DAGANIYA RAIPUR CHATTISGARH Advocate for the Petitioner : MD. A SAHAD, B.L. SARMA,MR. M H ALI Advocate for the Respondent : SC, HEALTH, MR. A. AHMED (R-6),MR. G PEGU GA, ASSAM,GA, ASSAM,SC, SSUHS BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 02-04-2025 Heard Mr. BL Sarma, learned counsel for the petitioner. Also heard Mr. B Gogoi, learned Additional Advocate General, Assam appearing for the State respondents. The petitioner’s case is that the M/s Institute of Public Health & Research, Balipara has been sealed by the District Commissioner, Sonitpur on the ground that the courses being run by the petitioner comes within the “Regulatory Framework of the Nursing, Pharmacy and Allied Health Science Sectors in the Page No.# 3/4 State of Assam”, as provided in the notification dated 07.11.2023, issued by the Medical Education & Research Department, Government of Assam. The petitioner’s counsel submits that, on instructions, he would like to withdraw the case, with an undertaking that the petitioner will not conduct any course which comes within the “Regulatory Framework of the Nursing, Pharmacy and Allied Health Science Sectors in the State of Assam”. However, the District Commissioner, Sonitpur should deseal the Institute and allow the petitioner to make use of the property in some other manner. Mr. B Gogoi, learned Additional Advocate General submits that the courses being run by the petitioner in the said Institute comes within the “Regulatory Framework of the Nursing, Pharmacy and Allied Health Science Sectors in the State of Assam” and as such, the Institute was required to be affiliated with the Srimanta Sankardeva University of Health Sciences, after taking the necessary permissions. He, however, submits that in view of the submission made by the counsel for the petitioner that the Institute would not run any course which is provided for under the “Regulatory Framework of the Nursing, Pharmacy and Allied Health Science Sectors in the State of Assam”, he does not have any objection to the prayer made by the petitioner’s counsel. In view of the consent of the parties, the District Commissioner, Sonitpur is directed to deseal the Institute being run by the petitioner. The petitioner is consequently directed not to run any course in the Institute that comes within the “Regulatory Framework of the Nursing, Pharmacy and Allied Health Science Sectors in the State of Assam”, as provided in the notification dated 07.11.2023, without taking the necessary permissions as per the notification dated Page No.# 4/4 07.11.2023. The writ petition is disposed of accordingly. JUDGE Comparing Assistant