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2088 DAILYLAW 1 (GAU)

DINESH KUMAR JABDOLIA v. THE STATE OF ASSAM

I.A.(Civil)/2088/2026 · 2026-06-23

N Unni Krishnan Nair

Writ Petition (Civil)body2088

Judgment text

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Page No.# 1/7 GAHC010125012026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2088/2026 DINESH KUMAR JABDOLIA S/O KAILASH CHAND RAIGAR, RESIDENT OF RAIGARO KA MOHOLLA KANYAWAS GOVINDPURA, P.O. JAIRAMPURA, JAIPUR, RAJASTHAN, PIN- 303701. 2: NOOR MOHAMMAD S/O- MURID KHAN. RESIDENT OF VILL- SHYAMPURA P.O. GIRA BARMER RAJASTHAN PIN.-344037 3: SONTUMONI MISONG C/O- KHAGEN MISONG. RESIDENT OF NO.2 MUKONG SELEK P.O. JONAI DIST. - DHEMAJI ASSAM PIN.-787060 4: SWARUPANANDA DEB S/O- DIPESH DEB. RESIDENT OF- BHATGRAM P.O. JOBAINPUR DIST-SRIBHUMI ASSAM PIN.788713 VERSUS THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVERNMENT OF ASSAM, MEDICAL EDUCATION RESEARCH Page No.# 2/7 DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE DIRECTOR OF AYUSH ASSAM ELYSIAN PALACE HOUSE NO.-9 NEAR DISPUR LAW COLLEGE GUWAHATI-781006. DISPUR 3:THE NATIONAL COMMISSION FOR HOMEOPATHY REPRESENTED BY ITS CHAIRMAN 61-65 INSTITUTIONAL AREA OPPOSITE D-BLOCK JANAKPURI NEW DELHI-102258. 4:THE HOMEOPATHY EDUCATION BOARD NATIONAL COMMISSION FOR HOMEOPATHY REPRESENTED BY ITS PRESIDENT 61-65 INSTITUTIONAL AREA OPPOSITE D-BLOCK JANAKPURI NEW DELHI-102258. 5:SRIMANTA SANKARADEVA UNIVERSITY OF HEALTH SCIENCES (SSUHS) REPRESENTED BY ITS REGISTRAR NARAKASUR HILLTOP BHANGAGARH GUWAHATI-781032 6:THE CONTROLLER OF EXAMINATIONS SRIMANTA SANKARADEVA UNIVERSITY OF HEALTH SCIENCES (SSUHS) NARAKASUR HILLTOP BHANGAGARH GUWAHATI-781032. 7:THE PRINCIPAL SWAHID JADAV NATH HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL PANJABARI GUWAHATI-781037 Advocate for the Petitioner : MR. S B LASKAR, MR. H A LASKAR,MS D DUTTA,MR. I AHMED Advocate for the Respondent : SC, HEALTH, SC, SSUHS Page No.# 3/7 Linked Case : WP(C)/2722/2026 SOURAV DUTTA AND ORS C/O- RUPESWAR DUTTA. RESIDENT OF QUARTER NO.520 (B) RAILWAY COLONY BAMUNIMAIDAN .BAMUNIMAIDAN DIST. KAMRUP (M) ASSAM PIN- .781021 2: PRASTUTI SAIKIA C/O- BIPUL SAIKIA. VILL.- PERABHARI GAON P.O. NAMTI DOLL DIST.- SIBSAGAR PIN.-785684. 3: DINESH KUMAR JABDOLIA S/O- KAILASH CHAND RAIGAR. RESIDENT OF RAIGARO KA MOHOLLA KANYAWAS GOVINDPURA P.O.- JAIRAMPURA JAIPUR RAJASTHAN PIN.-303701. 4: NOOR MOHAMMAD S/O- MURID KHAN. RESIDENT OF VILL- SHYAMPURA P.O. GIRA BARMER RAJASTHAN PIN.-344037 5: SONTUMONI MISONG C/O- KHAGEN MISONG. RESIDENT OF NO.2 MUKONG SELEK P.O. JONAI DIST. - DHEMAJI ASSAM PIN.-787060 Page No.# 4/7 6: SWARUPANANDA DEB S/O- DIPESH DEB. RESIDENT OF- BHATGRAM P.O. JOBAINPUR DIST-SRIBHUMI ASSAM PIN.788713. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM MEDICAL EDUCATION AND RESEARCH DEPARTMENT DISPUR GUWAHATI-781006. 2:THE DIRECTOR OF AYUSH ASSAM ELYSIAN PALACE HOUSE NO.-9 NEAR DISPUR LAW COLLEGE GUWAHATI-781006. DISPUR 3:THE NATIONAL COMMISSION FOR HOMEOPATHY REPRESENTED BY ITS CHAIRMAN 61-65 INSTITUTIONAL AREA OPPOSITE D-BLOCK JANAKPURI NEW DELHI-102258. 4:THE HOMEOPATHY EDUCATION BOARD NATIONAL COMMISSION FOR HOMEOPATHY REPRESENTED BY ITS PRESIDENT 61-65 INSTITUTIONAL AREA OPPOSITE D-BLOCK JANAKPURI NEW DELHI-102258. 5:SRIMANTA SANKARADEVA UNIVERSITY OF HEALTH SCIENCES (SSUHS) REPRESENTED BY ITS REGISTRAR NARAKASUR HILLTOP BHANGAGARH GUWAHATI-781032 6:THE CONTROLLER OF EXAMINATIONS Page No.# 5/7 SRIMANTA SANKARADEVA UNIVERSITY OF HEALTH SCIENCES (SSUHS) NARAKASUR HILLTOP BHANGAGARH GUWAHATI-781032. 7:THE PRINCIPAL SWAHID JADAV NATH HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL PANJABARI GUWAHATI-781037. ------------ Advocate for : MR. S B LASKAR Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND ORS BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 24/06/2026 Heard Mr. S B Laskar, learned counsel for the applicants and Mr. B Gogoi, learned Additional Advocate General, 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. 2722/2026, 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 writ petition, noticing that the petitioners, at the relevant point of time, had not started their Page No.# 6/7 internship/training, had not passed any interim direction in the matter. 4. The learned counsel for the applicants 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 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 Additional Advocate General, 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, Page No.# 7/7 to undergo compulsory internship/ training and they be not compelled to appear in the re-examination, now scheduled for the 4th year B.H.M.S. course, which is projected to be held in the month of June, 2026. 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