Page No.# 1/6 GAHC020001352025 2025:GAU-NL:115-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/33/2025 NAGALAND PRIVATE DOCTORS ASSOCIATION (NPDA) HQ AT DIMAPUR, NAGALAND 797112 VERSUS SHRI S.T YAPANG AND 6 ORS PERMANENT R/O CHANGTONGYA, CURRENTLY RESIDING AT LOWER AGRI COLONY, KOHIMA, NAGALAND 2:THE STATE OF NAGALAND THROUGH THE CHIEF SECRETARY GOVERNMENT OF NAGALAND NEW SECRETARIAT KOHIMA NAGALAND 797001 3:COMMISSIONER AND SECRETARY GOVERNMENT OF NAGALAND HEALTH AND FAMILY WELFARE DEPARTMENT NEW SECRETARIAT KOHIMA NAGALAND 797001 4:THE PRINCIPAL DIRECTOR DIRECTORATE OF HEALTH AND FAMILY WELFARE KOHIMA NAGALAND 797001 Page No.# 2/6 5:THE CHIEF EXECUTIVE OFFICER NAGALAND HEALTH PROTECTION SOCIETY (NHPS) DEPARTMENT OF HEALTH AND FAMILY WELFARE KOHIMA NAGALAND 797001 6:FUTURE GENERALI INSURANCE CO. LTD UNIT 801 AND 802 8TH FLOOR TOWER C EMBASSY 247 PARK L.B.S MARG VIKHROLI (W) MUMBAI 400083 TOWER C EMBASSY 247 PARK L.B.S. MARG VIKHROLI (W) MUMBAI 400083 7:UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE NIRMAN BHAVAN NEW DELH Advocate for the Petitioner : K LILY SWU, Advocate for the Respondent : , Linked Case : PIL/2/2025 Page No.# 3/6 S.T. YAPANG PERMANENT R/O CHANGTONGYA CURRENTLY RESIDING AT LOWER AGRI COLONY KOHIMA NAGALAND-797001 VERSUS STATE OF NAGALAND AND 6 ORS THROUGH THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2:COMMISSIONER AND SECRETARY HEALTH AND FAMILY WELFARE NAGALAND KOHIMA 3:THE PRINCIPAL DIRECTOR DIRECTORATE OF HEALTH AND FAMILY WELFARE NAGALAND KOHIMA 4:THE CHIEF EXECUTIVE OFFICER NAGALAND HEALTH PROTECTION SOCIETY DEPT. OF HEALTH AND FAMILY WELFARE NAGALAND KOHIMA 5:FUTURE GENERALI INDIAN INSURANCE CO.LTD. UNIT 801 AND 802 8TH FLOOR TOWER C EMBASSY 247 PARK L.B.S. MARG VIKHROLI (W) MUMBAI-400083 6:NAGALAND PRIVATE DOCTORS ASSOCIATION (NPDA) HQ AT DIMAPUR NAGALAND-797112 7:UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE NIRMAN BHAVAN NEW DELHI-110001 ------------ Advocate for : KEZHOSANO KIKHI Advocate for : GOVT ADV NL appearing for STATE OF NAGALAND AND 6 ORS Page No.# 4/6 BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH HON'BLE MR. JUSTICE BUDI HABUNG O R D E R 02.04.2025 (D. Baruah, J.) Mr. A. Kakoti, learned counsel appearing on behalf of respondent no. 5 submits that he has received a copy of the PIL and would like to file an affidavit in that regard. 2. We have duly heard the learned counsels appearing on behalf of the parties. 3. The case of the petitioner herein is that on 15.02.2025, an announcement was made by the respondent no. 6 that they would not be providing further facilities in terms with the Ayushman Bharat/CMHIS. It is under such circumstances the present proceedings has been filed. 4. This Court have also taken note of the submission of Mr. N. Mozhui and Mr. Joshua Sheqi, learned counsels appearing on behalf of respondent nos. 4 and 6 respectively. Upon hearing the learned counsels, it transpires that the Government of Nagaland had come up with a scheme as regards the cashless facilities to be provided to the people of Nagaland and in that regard had entered into an agreement with the respondent no. 5 pursuant to an open tender process. It is the case of the State Government that they have paid 100% of the premiums but the respondent no. 5 had not honoured the claims of the respondent no. 6, and it is under such circumstances the respondent no. 6 has issued the said public notice. Mr. Page No.# 5/6 Joshua Sheqi, the learned counsel appearing on behalf of respondent no. 6 submits that as the respondent no. 6/the private Doctors, who are members of the respondent no. 6 are providing service they are required to be paid for their services which have not been honoured either by the State Government or by the respondent no. 5. 5. From the above, therefore, it appears that the dispute involved in the instant Public Interest Litigation is primarily a dispute between the State Government and the respondent no. 5 for which the respondent no. 6 is not willing to provide their services. 6. It has also been brought to the attention of this Court that the State Government, now is contemplating for issuance of a fresh tender and to enter into fresh contract for providing cashless facilities; and the contract between the State Government and the respondent no. 5 had also ceased to operate w.e.f. 01.04.2025. 7. Taking into account the above, the question of extension of the Interim Order does not arise in the present facts. It is observed that pendency of the PIL shall not affect the rights of the State Government to initiate such proceedings as permissible under law against the respondent no. 5. The respondent no. 6 can also pursue its remedies against the State Government as well as the respondent no. 5, if so advised. 8. Before parting, this Court also finds it relevant to take note of the submission of Mr. N. Mozhui, the learned counsel appearing on behalf of respondent no. 4 that till an alternative arrangement is made by entering Page No.# 6/6 into necessary contract agreements, the State Government would be making due payment against any services provided by the respondent no. 6 through Trust Mode. 9. The present proceedings being a Public Interest Litigation, we find it relevant to observe that, if the Government of India and/or the State of Nagaland had announced schemes for cashless benefit to the citizens, it is the duty of the Government of India as well as the State of Nagaland to fulfil their promises, and we hope and expect that the respective Government shall do the same. 10. Taking into account the above order passed in the PIL, nothing further remains in I.A.(Civil)/33/2025, for which the I.A. stands disposed. 11. Taking into account the matter its entirety, this Court fixes this matter on 07.05.2025. 12. The affidavit be filed by the respondent no. 5 on or before 29.04.2025. The other parties to the instant PIL would be at liberty to file reply to the affidavit filed by the respondent no. 5. JUDGE JUDGE Comparing Assistant