Page No.# 1/5 GAHC010043582026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1261/2026 PROF DR DIPAK KUMAR DAS DOB- 01.07.1971, SON OF LATE PRASANNA KUMAR DAS, PERMANENT RESIDENT OF WEST NIZARAPAR (SASTRI PATH), KANWACHAL HILL SIDE, SILPUKHURI, GUWAHATI- 781003, DISTRICT- KAMRUP (M), 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- 781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM MEDICAL EDUCATION AND RESEARCH DEPARTMENT DISPUR GUWAHATI-6 KAMRUP (M) 3:THE DIRECTOR HEALTH AND FAMILY WELFARE DEPARTMENT GOVT. OF ASSAM GUWAHATI KAMRUP (M) ASSAM 4:THE PRINCIPAL CUM CHIEF SUPERINTENDENT NALBARI MEDICAL COLLEGE AND HOSPITAL (NMC AND H) NALBARI 5:DR. CHIMANJITA PHUKAN PROFESSOR ASSAM MEDICAL COLLEGE AND HOSPITAL (AMC AND H) Page No.# 2/5 DIBRUGAR Advocate for the Petitioner : MR. JYOTIRMOY ROY, MR. C CHAKRAVARTY,MR. R HAZARIKA,B SAHA,MR B P SARMAH Advocate for the Respondent : SC, HEALTH AND F W, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 05.03.2026 Heard Mr. J. Roy, learned Senior Counsel assisted by Mr. R. Hazarika, learned counsel for the petitioner. Also heard Mr. D.P. Borah, learned Standing Counsel, Health and Family Welfare Department. 2. The petitioner before this Court is aggrieved by the impugned order dated 28.02.2026, whereby the petitioner was transferred from his present place of posting, namely Professor, Nalbari Medical College & Hospital, Nalbari to Dibrugarh in the same capacity as Professor in the Assam Medical College & Hospital, Dibrugarh. 3. The learned counsel for the petitioner submits that the petitioner has undergone some medical treatment in the Asian Institute of Gastroenterology (AIG) Hospital, Hyderabad, whereby the petitioner is under clear medical advice of not to undertake journey for more than two hours at a stretch and he should be monitored at regular interval by any cardiologist available locally as he may need emergency medical assistance. This was issued by the concerned Cardiologist & Electrophysiologist of the hospital by certificate dated 14.07.2023. The further case projected by the petitioner is that his son also requires medical supervision and he is a student of class VII in a local school and the final year Page No.# 3/5 examination is underway. The further case of the petitioner is that his spouse is employed in a college in Hajo and therefore, at this stage, if he is transferred then there will be nobody to look after his minor son, who is a student of class VII and he is appearing in the annual examination, which had already commenced since on 25.02.2026. The learned counsel for the petitioner submits that ordinarily government servants are required to be transferred out after completion of three years. The petitioner has not yet completed three years, he is completed about two years and therefore, at this stage the impugned order will have the effect of uprooting the family and the same is contrary to the Government circulars, where transfers are required to be made ordinarily after three years. 4. It is submitted that in view of his health condition when he is under clear medical advice not to undertake more than two hours of continuous journey. Travelling from Nalbari to Dibrugarh will entail more than 10 hours of continuous journey by road or by train. Under such circumstances he had represented before the authorities concerned by filing a representation dated 28.02.2026 namely the date on which the impugned order of transfer was issued. The said representation is claimed to have been received by the Commissioner & Secretary, Medical Education and Research Department. The same has not yet been disposed of. 5. The petitioner claims that he has submitted the said representation by e- mail as well. He submits that having no alternative he approached this Court praying for an appropriate order cancelling his transfer order issued by the Department. 6. Mr. D.P. Bora, learned Standing Council, Health and Family Welfare Page No.# 4/5 Department on the other hand, disputing the contentions of the petitioner submits that the law has been enunciated by the Apex Court in S.C. Saxena vs. Union of India reported in (2006) 9 SCC 583. He submits that any challenge made to the transfer orders, the incumbent is required to go and join in his place of posting first and thereafter, challenge the order of transfer. He therefore, submits that the same is required to be done by the petitioner at this stage. 7. Having heard the learned counsel for parties and upon consideration of the submissions made as also the enclosures to the writ petition, it is seen that the petitioner is suffering from ailment which requires constant medical care. There is a clear medical advice that the petitioner should not undertake more than 2 hours of journey continuously. There is no dispute that the distance from Nalbari to Dibrugarh by road or by train would entail a journey of more than 10 hours continuously. The further case of the petitioner is that his son is appearing in the annual examination for class VII, which is already commenced from 25.02.2026 and will continue till 13.03.2026. At this stage, if the petitioner is transferred and considering that his spouse is also employed in Hajo, there will be no one to look after his son, who is a student of class VII. Considering all these issues and also considering the fact that there is already representation pending before the department, this Court directs the Commissioner & Secretary, to the Government of Assam M.E.R.D. to sympathetically examine the grounds urged in the representation submitted by the petitioner and thereafter, pass an appropriate order(s). The department will also sympathetically consider the fact that his son as a student of class VII and he is undergoing an examination which will continue till 13.03.2026 and that of his spouse being employed in a college in Hajo, there will be none to look after the interest of the Page No.# 5/5 child more particularly, during the period of the examination, and thereafter pass appropriate orders within a period of two weeks. Accordingly, the transfer order insofar as the petitioner is concerned, shall not be given effect to till 20.03.2026. 8. In terms of the above, this writ petition stands disposed of. JUDGE Comparing Assistant