Page No.# 1/14 GAHC020000132022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/6/2022 THEJANGULIE AND ANR H/NO.77,WARD NO.8, R/O MEDZHIPHEMA - 797106, CHUMUKEDIMA DISTRICT, NAGALAND 2: MRS BARBARA MARISA GONCALVES NUNES H/NO.77 WARD NO.8 R/O MEDZHIPHEMA - 797106 CHUMUKEDIMA DISTRICT NAGALAN VERSUS CHRISTIAN INSTITUTE OF HEALTH SCIENCES AND RESEARCH(CIHSR) AND 6 ORS 4TH MILE DIMAPUR, P.B. NO.31, P.O. ARTC, NAGALAND, 797115 2:PRINCIPAL SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE REPRESENTING THE STATE OF NAGALAND GOVT. OF NAGALAND KOHIMA NAGALAND 797001 3:NAGALAND MEDICAL COUNCIL PMTI COMPLEX MERHULITSA COLONY KOHIMA-797001 NAGALAND 4:THE STATE OF NAGALAND REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND KOHIMA NAGALAND-797001 Page No.# 2/14 5:THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE ROOM NO. 348-A- WING NIRMAN BHAVAN NEW DELHI-110001 6:ALL INDIA INSTITUTE OF MEDICAL SCIENCES (AIIMS) DELHI REPRESENTED BY ITS DIRECTOR ANSARI NAGAR NEW DELHI-110029 7:MS. NEITEO KOZA H.NO. D/29 3RD FLOOR OLD MINISTERS HILL KOHIMA NAGALAN Advocate for the Petitioner : SACHIN JAIN, AMIT DAS Advocate for the Respondent : D SAMUEL ABRAHAM, PFOSEKHO PFOTTE,ZHASA VUPRU Linked Case : I.A.(Civil)/114/2025 THEJANGULIE AND ANR H.NO. 77 WARD NO. 8 MEDZIPHEMA DIMAPUR NAGALAND-797106 VERSUS CHRISTIAN INSTITUTE OF HEALTH SCIENCES AND RESEARCH (CIHSR) 4TH MILE DIMAPUR P.B. 31 P.O. ARTC NAGALAND-797115 Page No.# 3/14 ------------ Advocate for : SACHIN JAIN Advocate for : appearing for CHRISTIAN INSTITUTE OF HEALTH SCIENCES AND RESEARCH (CIHSR) Linked Case : I.A.(Civil)/21/2025 THE CHRISTIAN INSTITUTE OF HEALTH SCIENCES AND RESEARCH 4TH MILE CHUMOUKEDIMA P.B. NO. 31. P.O. ARTC NAGALAND-797115 VERSUS MR. THEJANGULIE AND 6 ORS HOUSE NO. 77 WARD NO. 8 MEDZHIPHEMA TOWN CHUMOUKEDIMA NAGALAND-797106 2:MRS. BARBARA NUNES HOUSE NP. 77 WARD NO. 8 MEDZIPHEMA TOWN CHOMOUKEDIMA NAGALAND-797106 3:PRINCIPAL SECRETARY DEPARTMENT OF HEALTH AND FAMILY WALFARE GOVT. OF NAGALAND NAGALAND KOHIMA-797001 4:NAGALAND MEDICAL COUNCIL PMTI COMPLEX MERHILITSA COLONY KOHIMA NAGALAND 5:THE STATE OF NAGALAND RERESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND NAGALAND KOHIMA-797001 Page No.# 4/14 6:THE UNION OF INDIA REPRESENTED BY THE SECXREWTARY TO THE GOVT. OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE ROOM NO. 348 A WINGS NIRMAN BHAVAN NEW DELHI-110001 7:ALL INDIA INSTITUTE OF MEDICAL SCIENCES (AIIMS) DELHI-REPRESENTED BY ITS DIRECTOR ANSARI NAGAR NEW DELHI-110029 ------------ Advocate for : PFOSEKHO PFOTTE Advocate for : appearing for MR. THEJANGULIE AND 6 ORS Linked Case : I.A.(Civil)/155/2025 THE CHRISTIAN INSTITUTE OF HEALTH SCIENCES AND RESEARCH (CIHSR) DIMAPUR NAGALAND VERSUS MR. THEJANGULIE AND 6 ORS H.NO. 77 WARD NO. 8 MEDZIPHEMA TOWN CHUMOUKEDIMA NAGALAND 797106 2:MRS. BARBARA NUNES HOUSE NO. 77 WARD NO. 8 MEDZIPHEMA TOWN CHUMOUKEDIMA NAGALAND-797106 3:PRINCIPAL SECRETARY DEPT. OF HEALTH AND FAMILY WELFARE GOVT. OF NAGALAND KOHIMA-797001 4:NAGALAND MEDICAL COUNCIL Page No.# 5/14 PMTI COMPLEX MERHILITSA COLONY KOHIMA NAGALAND 5:STATE OF NAGALAND REPRESENTED BY THE CHIEFR SECRETARY NAGALAND KOHIMA 6:UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE ROOM NO. 348 A WING NIRMAN BHAVAN NEW DELHI-110001 7:ALL INDIA INSTITUTE OF MEDICAL SCIENCES DELHI- REPRESENTED BY ITS DIRECTOR ANSARI NAGAR NEW DELHI-110029 ------------ Advocate for : PFOSEKHO PFOTTE Advocate for : appearing for MR. THEJANGULIE AND 6 ORS Linked Case : I.A.(Civil)/113/2025 MR THEJANGULIE AND ANR H.NO. 77 WARD NO. 8 MEDZIPHEMA DIMAPUR NAGALAND-797106 VERSUS CHRISTIAN INSTITUTE OF HEALTH SCIENCES AND RESEARCH (CIHSR) AND 6 ORS 4TH MILE DIMAPUR P.B. 31 P.O. ARTC NAGALAND-797115 ------------ Advocate for : SACHIN JAIN Advocate for : appearing for CHRISTIAN INSTITUTE OF HEALTH Page No.# 6/14 SCIENCES AND RESEARCH (CIHSR) AND 6 ORS Linked Case : I.A.(Civil)/86/2025 THE CHRISTIAN INSTITUTE OF HEALTH SCIENCE AND RESEARCH (CIHSR) 4TH MILE DIMAPUR P.B. NO.31 P.O. ARTC NAGALAND-797115 VERSUS MR THEJANGULIE AND 6 ORS HOUSE NO. 77 WARD NO. 8 MEDZHIPHEMA TOWN CHUMOUEDIMA NAGALAND -797106 ------------ Advocate for : D SAMUEL ABRAHAM Advocate for : appearing for MR THEJANGULIE AND 6 ORS Linked Case : I.A.(Civil)/58/2024 MR. THEJANGULIE AND ANR HOUSE NO.77 WARD 8 MEDZIPHEMA DIMAPUR NAGALAND 797106 2: MRS BARBARA NUNES M HOUSE NO.77 WARD 8 MEDZIPHEMA DIMAPUR Page No.# 7/14 NAGALAND 797106 VERSUS CHRISTIAN INSTITUTE OF HEALTH SCIENCES AND RESEARCH (CIHSR) AND 5 ORS 4TH MILE DIMAPUR P.B. NO.31 P.O ARTC NAGALAND 797115 2:PRINCIPAL SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE GOVERNMENT OF NAGALAND KOHIMA NAGALAND 7979001 3:NAGALAND MEDICAL COUNCIL PMTI COMPLEX MERHULIETSA COLONY KOHIMA NAGALAND 797001 4:THE STATE OF NAGALAND REPRESENTED BY THE CHIEF SECRETARY OF THE GOVT. OF NAGALAND KOHIMA NAGALAND 797001 5:THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE ROOM NO. 348-A-WING NIRMAN BHAVAN Page No.# 8/14 NEW DELHI 110001 6:ALL INDIA INSTITUTE OF MEDICAL SCIENCES (AIIMS) DELHI REPRESENTED BY ITS DIRECTOR ANSARI NAGAR NEW DELHI 11002 ------------ Advocate for : THEJANGULIE Advocate for : ZHASA VUPRU appearing for CHRISTIAN INSTITUTE OF HEALTH SCIENCES AND RESEARCH (CIHSR) AND 5 ORS Linked Case : I.A.(Civil)/85/2025 CHRISTIAN INSTITUTE OF HEALTH SCIENCES AND RESEARCH(CIHSR) 4TH MILE DIMAPUR P.B. NO.31 P.O. ARTC NAGALAND 797115 VERSUS THEJANGULIE AND 6 ORS H/NO.77 WARD NO.8 R/O MEDZHIPHEMA - 797106 CHUMUKEDIMA DISTRICT NAGALAND ------------ Advocate for : D SAMUEL ABRAHAM Advocate for : appearing for THEJANGULIE AND 6 ORS Linked Case : I.A.(Civil)/65/2024 MR. THEJANGULIE AND ANR HOUSE NO. 77 WARD 8 MEDZIPHEMA DIMAPUR Page No.# 9/14 NAGALAND 797106 2: MRS BARBARA NUNES HOUSE NO. 77 WARD 8 MEDZHIPHEMA DIMAPUR NAGALAND 797106 VERSUS CHRISTIAN INSTITUTE OF HEALTH SCIENCES AND RESEARCH AND 5 ORS 4TH MILE DIMAPUR P.B. NO. 31 P.O. ARTC NAGALAND 797115 2:PRINCIPAL SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE GOVERNMENT OF NAGALAND KOHIMA NAGALAND 797001 3:NAGALAND MEDICAL COUNCIL PMTI COMPLEX MERHILITSA COLONY KOHIMA NAGALAND 797001 4:THE STATE OF NAGALAND REPRESENTED BY THE CHIEF SECRETARY OF THE GOVT. OF NAGALAND KOHIMA NAGALAND 797001 5:THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OD HEALTH AND FAMILY WELFARE ROOM NO. 348-A- WING NIRMAN BHAVAN NEW DELHI-110001 Page No.# 10/14 6:ALL INDIA INSTITUTE OF MEDICAL SCIENSES (AIIMS) DELHI REPRESENTED BY ITS DIRECTOR ANSARI NAGAR NEW DELHI 11002 ------------ Advocate for : THEJANGULIE Advocate for : appearing for CHRISTIAN INSTITUTE OF HEALTH SCIENCES AND RESEARCH AND 5 ORS BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH Advocates For the petitioners : Petitioners in person For the respondents : Mr. K.N. Balgopal, AG : Ms. V. Suokhrie, Addl. AG : Mr. Samuel Abraham (R-1) O R D E R 04.09.2025 Heard Ms. Barbara Nunes as well as Mr. Thejangulie, the present petitioners, who are present in person during the course of hearing. 2. This Court has requested Mr. K.N. Balgopal, the learned Advocate General to assist this Court so that the matter can be resolved. The learned Advocate General has duly agreed to assist this Court in that regard. 3. This Court has also heard Ms. V. Suokhrie, learned Additional Advocate General as well as Mr. Samuel Abraham, the learned counsel who appears on behalf of the respondent no. 1. 4. This Court had passed an Order dated 01.09.2025 in the Writ Petition Page No.# 11/14 whereby the respondent no. 1 was directed to provide the treatment plan of the child of the petitioners, and also the health condition of the child of the petitioners presently. Mr. Samuel Abraham, during the course of hearing placed before this Court the current condition of the petitioners’ child as well as details have been provided as to what treatment is meted out to the child of the petitioners. The said details so placed in the form of a report is signed by the Senior Consultant MD, Pediatrics and kept on record and marked with the letter-X. The Registry is directed to prepare a separate file in respect to this document along with the documents which are kept on record. In addition to that Mr. Samuel Abraham also placed before this Court the Seizure Record Chart of the child of the petitioners. The same is kept on record and marked with the letter-X1. 5. Pursuant to the order passed by this Court dated 01.09.2025 in the Writ Petition, instructions issued to the Additional Advocate General by the Principal Director, Health & Family Welfare Department dated 04.09.2025 has been placed. The said communication is kept on record and marked with the letter-Y. From a perusal of the said communication it reveals that the names of 3 Specialists who can carry out an inquiry in respect to the details as observed in paragraph no. 6 of the order dated 01.09.2025 are mentioned. 6. The petitioners in person have also been provided with the communication dated 04.09.2025. The petitioners in person submitted that the names of the specialists which are provided are not pediatric specialists but rather they are specialists in respect to adults. The petitioners in person further submit that instead of going for an inquiry Page No.# 12/14 they would instead obtain medical evidence from the concerned specialist and if the opinion is in their favour they would approach before the Redressal Forum under the Consumer Protection Act, 2019. The petitioners in person, therefore, submitted that they would, therefore, not insist on prayer no. (c), and submitted that the welfare of the child is the prime consideration. 7. Taking into account the above, the prayer no. (c) stands withdrawn. The consequential effect of the prayer no. (c) being withdrawn is that there cannot be any directions passed in respect to the prayer no. (d), for which the prayer no. (d) stands closed. 8. This Court has also perused the prayer nos. (e) and (f). This Court would request the learned Advocate General, State of Nagaland to take a call on what can be done in respect to the prayer nos. (e) and (f). 9. Mr. Samuel Abraham, the learned counsel who appears on behalf of the respondent no. 1 submitted that the respondent no. 1 is not averse to discussing with the State as regards to prayer nos. (e) and (f). 10. A copy of the document which has been kept on record and marked with the letter-X was furnished to Ms. V. Suokhrie, the learned Additional Advocate General, Nagaland. This Court would implore upon the learned Advocate General to explore as to whether the treatment plan so provided can be provided by the State of Nagaland in their hospitals to the child of the petitioners taking into account that the treatment plan so provided does not appear too complicated as submitted by Mr. Samuel Abraham. 11. This Court further inquired with the petitioners in person as to Page No.# 13/14 whether they have the medical records in respect to the child in question. They submitted that they have the medical records of the child up till April 2025. In that view of the matter the relief as sought for at prayer no. (b) appears to have already been redressed up till April 2025. 12. In view of the above, therefore, the only thing that remains before this Court in the present proceedings is to how treatment can be given to the child of the petitioners. The petitioners in person, the learned Advocate General as well as the counsels appearing on behalf of the respondents had submitted that as the instant matter has been heard in detail by this Court the instant matter be kept as part-heard, as more particularly there would be a requirement of a regular monitoring. Taking into account the above, the instant proceedings may be shown as part- heard. 13. The petitioners in person submitted that they are facing difficulties in visiting their child in the hospital. Mr. Samuel Abraham, the learned counsel appearing on behalf of the respondent no. 1 submits that taking into account that various cases have been filed against the respondent no. 1, they are maintaining strict protocols as per applicable to all concerned. He also submitted that as the child of the petitioners is in the ICU and the visitation hours being from 9.00 to 9.30 AM and 3.00 to 3.30 PM and the same being applicable for all concerned, the respondents have adopted the same practice for the petitioners. This Court would request Mr. Samuel Abraham, the learned counsel appearing on behalf of the respondent no. 1 to inform the authorities of the respondent no. 1 to provide assistance to the petitioners, if for reasons beyond the control of the petitioners, they Page No.# 14/14 are not in a position to visit within the time specified. However, the said should be done keeping the interest of the other patients also. This Court would also urge upon the petitioners to maintain cordial relation with the staff and doctors of the respondent no. 1 as this Court is presently dealing with the dispute. 14. This Court would also direct the respondent no. 1 to provide the medical records of the child of the petitioners to Ms. V. Suokhrie, the learned Additional Advocate General so that the same can be forwarded to the Health & Family Welfare Department of the Government of Nagaland. The said records be provided in a week’s time. 15. List this matter again on 23.09.2025 at 2.00 PM. This Court would take up the proceedings from the Principal Seat of the Gauhati High Court. The Registry is directed to provide Video Conferencing facilities to the petitioners in person for them to represent themselves. JUDGE Comparing Assistant