Page No.# 1/4 GAHC010046302026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1375/2026 DR JOLLY RABHA W/O- DR. PARTHA PROTIM DUTTA R/O- APARTMENT NO. 6B, LUIT VIEW APARTMENT PALTAN BAZAR DIBRUGARH, PIN-786001 DISTRICT- DIBRUGARH, ASSAM VERSUS THE STATE OF ASSAM ADN 5 ORS REPRESENTED BY THE SECRETARY, GOVT. OF ASSAM, MEDICAL EDUCATION AND RESEARCH DEPARTMENT, DISPUR, GUWAHATI-6 2:THE COMMISSIONER AND SECRETARY GOVT. OF ASSAM MEDICAL EDUCATION AND RESEARCH DEPARTMENT DISPUR GUWAHATI-6 3:THE DIRECTOR OF MEDICAL EDUCATION ASSAM SIX MILE KHANAPARA GUWAHATI-781022 DISTRICT- KAMRUP M ASSAM. 4:THE PRINCIPAL CUM CHIEF SUPERINTENDENT ASSAM MEDICAL COLLEGE AND HOSPITAL DIBRUGARH PIN-786002 5:THE PRINCIPAL CUM CHIEF SUPERINTENDENT SILCHAR MEDICAL COLLEGE AND HOSPITAL SILCHAR Page No.# 2/4 ASSAM PIN-788014 6:DR. AUKIFA KHAMIM SABIBAHUL ISLAM ASSOCIATE PROFESSOR SILCHAR MEDICAL COLLEGE AND HOSPITAL SILCHAR GHUNGOOR PIN-78801 Advocate for the Petitioner : MR. N K KALITA, MR D DEKA Advocate for the Respondent : SC, HEALTH, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 09.03.2026 Heard Mr. N.K. Kalita, learned counsel for the petitioner. 2. The petitioner is presently serving as an Associate Professor in the Department of Pediatrics at the Assam Medical College Hospital, Dibrugarh. According to the petitioner, she is the only trained Pediatric Oncologist presently serving at AMCH and has been instrumental in establishing and developing pediatric oncology unit in the Department of Pediatrics. At present, there are more than 20 numbers of pediatric oncology patients who are undergoing treatment at different stages, including chemotherapy, which requires specialized supervision and follow-up. 3. The petitioner by the impugned order dated 28.02.2026 is sought to be transferred away. The petitioner is transferred to Silchar Medical College and Hospital without citing any administrative exigencies or in public interest. The private respondent No. 6 has been transferred to the place of the petitioner and the petitioner has been transferred to the place of the private respondent No. 6. Page No.# 3/4 The further ground urged by the petitioner is that there is a government circular whereby if both spouses are government servants then preferably they are required to be placed in, if not in the same district, but in nearby districts. The husband of the petitioner is also a Medical Doctor and is serving as an Associate Professor (Surgery) in the Assam Medical College Hospital. 4. The learned counsel for the petitioner therefore submits that in view of the fact that the petitioner is the only trained pediatric oncologist presently serving in Assam Medical College & Hospital, Dibrugarh and without taking into the account the services rendered and the patients undergoing treatment in the said unit, the petitioner, is transferred to Silchar. This reveals that the government did not take into consideration of the public interest involved in the matter. Under such circumstances, the present writ petition has been filed. 5. Mr. D.P. Borah, learned Standing Counsel, Health submits that all transfer orders are issued in public interest and in administrative exigencies. The petitioner, being a government servant, transfer is a condition of her service. She has been transferred to the department of her specialty in another government hospital in Silchar. Further, there is no malice alleged against the department. Therefore, the impugned order does not call for any interference and the writ petition should be dismissed. 6. From the pleadings, it is seen that the petitioner has preferred a representation before the authorities on 1st of March, 2026, which the learned Standing counsel for the Health Department, as on date, submits that he does not have instructions as to the status of any orders that may have been passed in the said representation. 7. Considering the submissions made, this court is of the view that ends of justice will be made if the petitioner is permitted liberty to file a detailed Page No.# 4/4 representation ventilating her grievances before the competent authority, namely the Commissioner and Secretary, Government of Assam, Medical Education and Research Department, Dispur. If such an application is filed within 2 days from today, the same shall be considered by the authorities concerned and thereupon pass a speaking order. 8. Needless to say any such order that is passed, a copy thereof shall be served on the petitioner. If the application is filed within 2 days then the same shall be disposed of within a period of 2 weeks. 9. Accordingly, without expressing anything on merits, the writ petition stands closed permitting the petitioner to file a detailed representation as observed hereinabove and the authorities will consider the same and pass appropriate orders thereon. 10. With the above observation, writ petition stands disposed of. The impugned order dated 28.02.2026 shall not be given effect to insofar as the writ petitioner is concerned till 18.03.2026. JUDGE Comparing Assistant