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2026 DAILYLAW 8995 (GAU)

TRIVENI DAS and ANR v. THE STATE OF ASSAM

I.A.(Civil)/2204/2026 · 2026-06-24

N Unni Krishnan Nair

body2026

Judgment text

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Page No.# 1/5 GAHC010133642026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2204/2026 TRIVENI DAS and ANR , D/O SHANTANU DAS, RESIDENT OF EAST KANISHALI, BANAMALI, PO KARIMGANJ, ASSAM, PIN- 788710. 2: TULIP PEGU D/O LATE RAGHUNATH PEGU RESIDENT OF TELAM BAZAR TELAM PS SIMEN CHAPORI DIST DHEMAJI ASSAM PIN 787061 VERSUS THE STATE OF ASSAM , REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, MEDICAL EDUCATION AND RESEARCH DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DIRECTOR OF AYUSH ASSAM 3RD FLOOR ELYSIAN PALACE HOUSE NO. 9 NEAR DISPUR LAW COLLEGE DISPUR GUWAHATI-6. 3:THE NATIONAL COMMISSION FOR HOMOEOPATHY REPRESENTED BY ITS CHAIRMAN Page No.# 2/5 61-65 INSTITUTIONAL AREA OPPOSITE D-BLOCK JANAKPURI NEW DELHI-110058. 4:THE HOMOEOPATHY EDUCATION BOARD NATIONAL COMMISSION FOR HOMOEOPATHY REPRESENTED BY ITS PRESIDENT 61-65 INSTITUTIONAL AREA OPPOSITE D-BLOCK JANAKPURI NEW DELHI-110058. 5:THE SRIMANTA SANKARADEVA UNIVERSITY OF HEALTH SCIENCES SSUHS REPRESENTED BY ITS REGISTRAR NARAKASUR HILL TOP BHANGAGARH GUWAHATI-32. 6:THE CONTROLLER OF EXAMINATION SRIMANTA SANKARADEVA UNIVERSITY OF HEALTH SCIENCES SSUHS NARAKASUR HILL TOP BHANGAGARH GUWAHATI-22 7:THE PRINCIPAL SWAHID JADAV NATH HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL PANJABARI GUWAHATI-37. 8:THE REGISTRAR BOARD OF HOMOEOPATHIC SYSTEM OF MEDICINE ASSAM DISPUR GUWAHATI-6 Advocate for the Petitioner : MR P BHARDWAJ, MR. M RAHMAN Advocate for the Respondent : SC, HEALTH, Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 25-06-2026 Heard Mr. P. Bharadwaj, learned counsel for the applicants. Also heard Mr. B. Gogoi, learned Addl. A.G. Assam appearing for the opposite party Nos. 1, 2, 5, 6 & 7. 2. The applicants in the present interlocutory application, had approached this Court by way of instituting a writ petition, being WP(C) No. 2804/2026, inter-alia, praying, therein, for permitting them to continue and complete their internship/training and further, to interfere with the decision arrived at by the respondent authorities to cancel the 4th years B.H.M.S. Examination, which were held in April, 2025. 3. It is projected that this Court in the connected writ petition, vide order dated 29- 05-2026, had directed that the interim protection granted by this Court to the petitioner in W.P.(C) No. 2722/2026, shall also apply to the present applicants. 4. The learned counsel for the applicants has submitted that the applicants, as of 29-05-2026, having not started their respective internship/ training, the respondent authorities have not permitted them to avail their internship/ training. The learned counsel for the petitioners has referred to an order dated 03.06.2026 passed by a Co- ordinate Bench of this Court in WP(C) No. 2865/2026, wherein, this Court had directed the petitioners therein, to undergo their compulsory internship/ training and further, not to compel the petitioners therein, to appear in the re-examination of the 4th years Page No.# 4/5 B.H.M.S. course, scheduled in the month of June, 2026, subject to further order(s) of this Court. 5. The learned counsel for the applicants submits that the applicants, herein, are similarly situated like the petitioners in WP(C) No. 2865/2026 and they have also cleared their 4th years B.H.M.S. Examination. 6. Mr. B Gogoi, learned Addl. A.G. Assam has submitted that it is not disputed that the applicants, herein, are similarly situated like the petitioners in WP(C) No. 2865/2026, however, he submits that the applicants cannot seek to pursue their compulsory internship/ training, inasmuch as, the applicants are not found to have completed their B.H.M.S. Examination, in accordance with the procedure mandated in this connection. 7. I have heard the learned counsel for the parties. 8. Considering the fact that this Court vide order dated 03.06.2026 in WP(C) No. 2865/2026, had permitted similarly situated candidates, like the applicants, herein, to undergo their compulsory internship/ training and not to be compelled to appear in the re-examination of the 4th years B.H.M.S. examination, the applicants, herein, would also be entitled to a similar direction. 9. Accordingly, the respondents are directed to permit the applicants, herein, to undergo compulsory internship/ training and they be not compelled to appear in the re- examination, now scheduled for the 4th years B.H.M.S. course, which is projected to be held in the month of June, 2026. Page No.# 5/5 10. The direction to permit the applicants to undergo their compulsory internship/ training, is subject, however, to the fact that the applicants have completed their B.H.M.S. Course successfully. 11. With the above observations and directions, the present interlocutory application stands disposed of. JUDGE Comparing Assistant