Page No.# 1/4 vs Rajdeep Das And 3 Ors
2021 Latest Caselaw 1254 Gua

                                                                  Page No.# 1/4

GAHC010021482021




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : I.A.(Civil)/334/2021

         THE UNION OF INDIA AND ANR.
         REP. BY ITS SECY. TO THE GOVT. OF INDIA, DEPTT. OF HIGHER
         EDUCATION, MINISTRY OF HUMAN RESOURCE AND DEVELOPMENT
         NOW RENAMED AS MINISTRY OF EDUCATION), WEST BLOCK-1, WING- 6,
         2ND FLOOR, R. K. PURAM, NEW DELHI- 110066

         2: THE UNDER SECRETARY
         TO THE GOVT OF INDIA
          DEPTT OF HIGHER EDUCATION
          MIN OF HUMAN RESOURCE DEVELOPMENT
         WEST BLOCK-1
         WING-6
          2ND FLOOR
          R K PURAM
          NEW DELHI- 11006

         VERSUS

         RAJDEEP DAS AND 3 ORS.
         S/O. DR NIRMAL KUMAR DAS, PERMANENT R/O. JAGANNATH MANDIR
         ROAD, P.O. NAGAON, P.S. NAGAON SADAR, DIST. NAGAON, ASSAM, PIN-
         782001, PRESENT R/O. 660 KING STREET, APARTMENT 261, SAN
         FRANCISCO- 94197, USA, REP. BY HIS FATHER NAMELY DR. NIRMAL
         KUMAR DAS, S/O. LATE NARENDRA CHANDRA DAS, R/O. JAGANNATH
         MANDIR ROAD, P.O. NAGAON, P.S. NAGAON SADAR, DIST. NAGAON,
         ASSAM, PIN- 782001

         2:THE SECRETARY
         TO THE GOVT OF INDIA
          MIN OF EXTERNAL AFFAIRS
          CPV DIVISION
          NEW DELHI

         3:THE SECRETARY
                                                                                   Page No.# 2/4

             TO THE GOVT OF INDIA
             MIN OF HEALTH AND FAMILY WELFARE
             156-A WING
             NIRMAN BHAVAN
             NEW DELHI

            4:THE MEDICAL COUNCIL OF INDIA
             REPRESENTED BY ITS SECRETARY GENERAL
             BOG-MCI
             POCKET-14
             SECTOR-8
             DWARAKA PHASE I
             NEW DELHI- 110077

Advocate for the Petitioner   : MR H GUPTA

Advocate for the Respondent : MR A D CHOUDHURY




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                           ORDER

Date : 31-03-2021

Heard Mr. H. Gupta, learned counsel for the applicant. Also heard Mr. A. D. Choudhury, learned counsel for the respondents.

2. By the Judgment and Order dated 07.12.2020 passed in WP(C) No. 574/2020, the writ petition was disposed of with a direction to the respondents to re-decide afresh the issuance/grant of "NORI Certificate" on the applications submitted by the petitioner in January, 2019 and December, 2019. The above exercise was directed to be completed within a period of 6(six) weeks from the date of receipt of certified copy of the order. The learned counsel for the applicant submits that the copy of the Judgment and Order was received by the Department on 23.12.2020. Therefore, 6(six) weeks thereafter expire on 03.02.2021.

3. The applicants by the instant application filed on 04.02.2021 sought for Page No.# 3/4

30(thirty) days further time for implementation of the Judgment and Order 07.12.2020 WP(C) No. 574/2020.

4. Upon hearing submissions of the learned counsel for the parties, Notice was issued in the interim application on 01.03.2021 making it returnable by 2(two) weeks.

5. Today, when the matter was listed, the learned counsel for the applicants submits that the Department is in the process of consideration of the direction of this Court by Judgment and Order dated 07.12.2020, for its due implementation.

6. Mr. A. D. Choudhury, learned counsel for the respondents submits that this petition should be dismissed as the period of 30(thirty) days sought for has already expired as on date. He further submits that once the writ petition has disposed of, the same cannot be re-opened by way of an I.A. seeking further direction over and above the directions issued while disposing of the writ petition.

7. Upon hearing the learned counsels for the parties, it is seen that the prayer of extension of 30(thirty) days made in the I.A. has already expired as

the I.A. was filed on 4th February, 2021 and 30(thirty) days expired on 6 th March, 2021.

8. No affidavit has been filed till date by the applicants to bring on record as to the status of the implementation of the directions in the Judgment and Order dated 07.12.2020 passed in WP(C) No. 574/2020 by the applicants and/or any particular time frame by which the applicants intend to implement the directions contained in the matter. No submissions to that effect has been made by the learned counsel appearing for the applicants.

9. Under the circumstances, this Court is not inclined to grant any further extension in the matter by way of the present I.A in its present form. In view Page No.# 4/4

of the fact that extension of time by 30(thirty) days as prayed for having already elapsed, the I.A. stands dismissed as infructuous.

10. It is expected that the directions contained by the Judgment and Order dated 07.12.2020 passed in WP(C) No. 574/2020 will be complied with by the Department/applicant.

JUDGE

Comparing Assistant