Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 13789 (GAU)

SHRI CHIRANJIB HAZARIKA AND 16 ORS v. THE STATE OF ASSAM AND 4 ORS

WP(C)/4780/2026 · 2026-09-06

N Unni Krishnan Nair

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/6 GAHC010180122026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4780/2026 SHRI CHIRANJIB HAZARIKA AND 16 ORS SON OF DURGA HAZARIKA, VILLAGE - MILAN NAGAR, P.O. - GHILAMARA, DISTICT - LAKHIMPUR, ASSAM PIN 787053 2: NASMIM AKTAR BARBHUIYA DAUGHTER OF TAIMUZ ALI BARBHUIYA RESIDENT OF VILLAGE - MILLON PALLY RONGPUR P.O. - RONGPUR DISTRICT - CACHAR ASSAM PIN -788009 3: SHRI MINTU SAHARIA SON OF HARESWAR SAHARIA RESIDENT OF VILLAGE - NIZ RANGAMATI P.O. RANGAMATI DISTRICT- DARRANG ASSAM PIN - 784529. 4: MADAN KUMAR BISWAS SON OF CHITRA MOHAN BISWAS RESIDENT OF VILLAGE - BARPAK P.O. - MAYONG DISTRICT - MARIGAON ASSAM. 5: SHRI ANIL TERON SON OF ASHOT TERON RESIDENT OF VILLAGE - BORPATHAR NO. 3 P.O. - BALICHANG DISTRICT - BISWANATH ASSAM. Page No.# 2/6 6: BANPALASHI KAKATI DAUGHTER OF DILIP KR. KAKATI RESIDENT OF VILLAGE - RAMPUR P.O. - AMTOLA DISTRICT - HOJAI ASSAM PIN - 782435. 7: HIMAKSHI DAS DAUGHTER OF MAHENDRA DAS RESIDENT OF VILLAGE - SUNDHIA P.O. - RANGIA DISTRICT - KAMRUP ASSAM. 8: SHRI HITESH DAS SON OF LATE BHOGESWAR DAS RESIDENT OF VILLAGE - REWAMAHESWAR P.O. - MALOIBARI DISTRICT - KAMRUP M ASSAM. 9: PALLABI SAIKIA DAUGHTER OF NOMAL SAIKIA RESIDENT OF VILLAGE - SONARIGAON P.O. - MARIGAON DISTRICT - MARIGAON ASSAM. 10: SUDIPTA SAHU DAUGHTER OF LATE RAJEN SAHU RESIDENT OF VILLAGE - KHATOWAL P.O. - SOOTEA DISTRICT - SONITPUR ASSAM. 11: RITAN BASUMATARY SON OF BINEN BASUMATARY RESIDENT OF VILLAGE - OXIGURI GAON P.O. - KAHITAMA DISTRICT - BAKSA ASSAM PIN-781315 12: SALMA YASMIN DAUGHTER OF MD. SAMSUL HOQUE RESIDENT OF VILLAGE - PADMABIL Page No.# 3/6 P.O. - GOSSAIGAON DISTRICT - KOKRAJHAR ASSAM. 13: ABDUR ROUF AHMED SON OF ABDUR ROSHID RESIDENT OF VILLAGE - TILAPARA P.O. - AMBARI DISTRICT - BONGAIGAON ASSAM. 14: CHANDRA KANTA TAYE SON OF RUHI KANTA TAYE RESIDENT OF VILLAGE - KULAMUA P.O. - AKAJAN DISTRICT - DHEMAJI ASSAM. 15: RAJIB TALUKDAR SON OF BHUBANESWAR TALUKDAR RESIDENT OF VILLAGE - NIZ BAHJANI P.O. - NIZ BAHJANI DISTRICT - NALBARI ASSAM. 16: AKLIMA CHOUDHURY DAUGHTER OF ASHRAF ALI CHOUDHURY RESIDENT OF VILLAGE - GORAI MARI SATRA P.O.- TUKRAPARA DISTRICT - KAMRUP ASSAM. 17: SHRI KUSHAL PATHAK SON OF MADAN PATHAK RESIDENT OF VILLAGE - BISHNUPUR P.O. - BHELLA DISTRICT - BARPETA ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI - 6. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT Page No.# 4/6 DISPUR GUWAHATI - 6. 3:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI - 781036. 4:THE DIRECTOR OF MEDICAL EDUCATION ASSAM SIXMILE KHANAPARA GUWAHATI - 781022. 5:THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX SREENAGAR PATH CHRISTIAN BASTI G. S. ROAD GUWAHATI - 781005 Advocate for the Petitioner : MR J PAYENG, I GOGOI,MS A PAYENG,MS. N S RAJKHOWA Advocate for the Respondent : SC, HEALTH, BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 07.09.2026 Heard Mr. J. Payeng, learned counsel, appearing for the petitioners. Also heard Mr. D.P. Borah, learned Standing Counsel, Health Department. 2. The present writ petition has been instituted by the petitioners, who claimed to be Rural Health Practitioners under the erstwhile Act of Page No.# 5/6 2004, being Assam Rural Health Regulatory Authority Act, 2004. This Act came to be struck down by the Gauhati High Court and the matter reached to Hon’ble Supreme Court and the Hon’ble Supreme Court, upheld the judgment of the Gauhati High Court. Pursuant to the striking down of the Act of 2004, by the Division Bench of this Court, subsequent Act being Assam Community Health Professionals (Registration and Competency) Act, 2015, was incorporated. The constitutional validity of the Act was also challenged before the Supreme Court and the Supreme Court by Judgment and Order dated 24.01.2023, in SLP(Civil) Appeal No. 32592-32593 of 2015, while upholding the Judgment And Order dated 30.10.2014, passed by the Division Bench, striking down the Act of 2004, has held that the Act of 2015, was constitutionally valid. The Hon’ble Supreme Court laid down several directions. However, these directions have not been complied with, therefore, a group of Rural Health Practitioners now re-nomenclatured as Community Health Professionals under the Act of 2015, had approached this Court by filing WP(C).No.2581/2024, which came to be disposed of by Judgment and Order dated 29.05.2026. 3. The present writ petitioners claim to be similarly situated persons like the writ petitioners who had filed the writ petition being WP(C) No. 2581/2024, and have prayed for similar directions. Page No.# 6/6 4. Mr. D.P. Borah, learned Standing Counsel, Health Department, does not object to the prayer made. 5. Accordingly, this writ petition stands closed in terms of the Judgment and Order dated 29.05.2026, passed in Bikram Pathak & 608 Ors. Vs. The State of Assam & 4 Ors., in WP(C) 2581/2024. The respondents will carry out the directions contained in the said judgment. The relevant paragraphs of the said Judgment, are extracted hereinbelow: “89. Let the constituted Committee consider the matter in its entirety and submit its set of recommendations within a period of 90 days from the date of receipt of certified copy of this order. The State will thereafter, consider the recommendations and pass appropriate orders for its implementation to ensure that the findings of the Apex Court in the judgment and order dated 24.01.2023 passed in SLP(C) No.32592-32593 of 2015 more particularly, those in paragraph No. 25(iv) are given effect to. 90. This writ petition stands allowed to the extent indicated above and disposed of.” 6. Accordingly, the present writ petition stands disposed of. JUDGE Comparing Assistant