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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/923/2026 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 AND ORS REPRESENTED BY THE SECRETARY, GOVT. OF ASSAM, MEDICAL EDUCATION RESEARCH DEPARTMENT, DISPUR GUWAHATI-6 2:THE COMMISSIONER AND SECRETARY GOVT. OF ASSAM MEDICAL EDUCATION 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 HOSPITAL DIBRUGARH PIN-786002 5:THE PRINCIPAL CUM CHIEF SUPERINTENDENT SILCHAR MEDICAL COLLEGE HOSPITAL SILCHAR ASSAM
Page No.# 2/3 PIN-788014 6:DR AUKIFA KHAMIM SABIBAHUL ISLAM ASSOCIATE PROFESSOR SILCHAR MEDICAL COLLEGE HOSPITAL SILCHAR GHUNGOOR PIN-78801 Advocate for the Petitioner : MR. N K KALITA, Advocate for the Respondent : SC, HEALTH,
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER 20.03
.2026 Heard Mr. N.K. Kalita, learned counsel for the application. Also heard Ms. D. Bora, learned Standing Counsel, Health Department.
2. By order dated 09.03.2026 in WP(C) No. 1375 of 2026 in respect of the transfer of the writ petitioner as an Associate Professor in the Department of Paediatrics, Assam Medical College & Hospital, Dibrugarh to the Silchar Medical College & Hospital, Silchar was stayed. The petitioner having questioned the same in the said writ petition without expressing anything on merit, the petition was closed permitting the petitioner to approach the authorities by filing a detailed representation and on which the department was permitted to pass appropriate orders and until then the impugned order of transfer was to be stayed. The impugned order was not to be given effect till 18.03.2026.
3. The learned counsel for the applicant submits that as on date, the representation has not been disposed of.
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4. Ms. D. Bora, learned Standing Counsel, Health Department submits that further time is required for disposal of the representation. She however, does not have any instructions as to the period, which may be required to dispose of the said representation.
5. Under such circumstances, this Court is of the view that the order dated 09.03.2026 passed in WP(C) No.1375/2026 whereby the writ petition was
disposed of and the impugned order dated 28.02.2026 was directed to be not given effect till 18.3.2026 will have to be modified.
6. The direction in the said order dated 09.03.2026 passed in WP(C) No.1375/2026 insofar as the respondents are concerned is reiterated. The respondents will dispose of the representation as expeditiously as possible. However, till such time the representation is disposed of and the speaking order is communicated to the petitioner, the impugned order dated 28.02.2026 shall remains stayed.
7. IA accordingly stands disposed of in terms of the above.
8. The order dated 09.03.2026 passed in WP(C) No.1375/2026 stands modified to the extent indicated in the order passed today.
9. The said order dated 09.03.2026 passed in WP(C) No.1375/2026 shall be read together with the order passed today in this IA.
JUDGE Comparing Assistant