DR NAYAN JEET DEKA v. THE STATE OF ASSAM AND 5 ORS.
WP(C)/6074/2025 · 2025-11-16
Soumitra Saikia
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 28194 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28194 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6074/2025 DR NAYAN JEET DEKA S/O LT MAHENDRA NATH DEKA R/O FLAT NO. D- 2 CRISHNA CAUVERY ENCLAVE D NEOG PATH BHANGAGARH GUWAHATI ASSAM PIN- 781005 VERSUS THE STATE OF ASSAM AND 5 ORS.
REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM DEPTT OF MEDICAL EDUCATION AND RESEARCH DEPTT GOVT OF ASSAM, ASSAM SECRETARIAT, DISPUR, GUWAHATI, ASSAM, PIN-781006.
2:THE DIRECTOR OF MEDICAL EDUCATION ASSAM SIXMILE KHANAPARA GUWAHATI ASSAM PIN-781022 3:GAUHATI MEDICAL COLLEGE AND HOSPITAL REP BY THE PRINCIPAL AND CUM CHIEF SUPERINTENDENT BHANGAGARH GUWAHATI ASSAM PIN-781005 4:THE PRINCIPAL GAUHATI MEDICAL COLLEGE AND HOSPITAL BHANGAGARH GUWAHATI ASSAM PIN-781005.
5:MEDICAL AND HEALTH RECRUITMENT BOARD ASSAM
Page No.# 2/4 REP BY ITS SECRETARY GROUND FLOOR O/O DME ASSAM SIXMILE KHANAPARA GUWAHATI ASSAM PIN-781022 6:DR DEBABRATA DEB S/O DEBDAS DEB R/O 4 KALI KRISHNA LANE KANAKPUR PT II BERENGA PT-II DIST. CACHAR ASSAM PIN 78800 Advocate for the Petitioner : MR S BORTHAKUR, MR SAURADEEP DEY Advocate for the Respondent : SC, HEALTH,
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER 17.11.2025
Heard Mr. S Borthakur, learned counsel for the petitioner as well as Mr. DP Borah, learned Standing Counsel, Health Department.
2. The grievance of the petitioner is that, despite being eligible for promotion to the next higher post of Assistant Professor in the Department of Neurosurgery, Gauhati Medical College & Hospital (GMCH), he has been overlooked, and the post earmarked for promotion is sought to be filled up by direct recruitment by the Government. Under such circumstances, the petitioner has approached this Court.
3. On earlier occasions, this Court had granted time to Mr. DP Borah, learned Standing Counsel, Health Department to obtain instructions in this
Page No.# 3/4 regard and Mr. Borah submitted that as per the instructions received, the Department had already taken steps for giving regular promotion to the petitioner by creating a new post after abolition of the post of Registrar in which the petitioner was serving earlier. The recommendation was accepted by the Department and the Special Departmental Promotion Committee had already been constituted and recommended the promotion of the petitioner to the post of Assistant Professor in the Department of Neurosurgery, Gauhati Medical College & Hospital (GMCH). However, as to whether the petitioner has been finally recommended for promotion or not, the said instruction was not available with Mr. DP Borah, on the last date and therefore, this Court had permitted Mr. Borah to complete his instructions on this aspect. Today when the matter is called up, Mr. DP Borah, leaned Standing Counsel, Health Department submits that the petitioner has been recommended for promotion to the next higher post of Assistant Professor in the Department of Neurosurgery, Gauhati Medical College & Hospital (GMCH) by the Special Departmental Promotion Committee constituted by the Government.
4. Since Mr. DP Borah, learned Standing Counsel, Health Department has already submitted before the Court that the petitioner’s case has been recommended for promotion, this Court does not find any further cause for the writ petitioner to be urged before the Court in the present proceedings.
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5. Taking into consideration the submissions made by the learned Standing Counsel, Health Department, the writ petition, therefore, stands
disposed of directing the respondents to proceed for issuance of necessary
order for promoting the writ petitioner to the next higher post of Assistant Professor in the Department of Neurosurgery, Gauhati Medical College & Hospital (GMCH).
6. With the above observation, the writ petition stands closed and
disposed of. Interim order, if any, stands merged. JUDGE Comparing Assistant