Page No.# 1/2 vs The State Of Assam And Anr
2023 Latest Caselaw 3746 Gua

                                                                 Page No.# 1/2

GAHC010180352023




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

                           Case No. : WA/343/2023

         THE AYURVEDIC DOCTORS ASSOCIATION AND 2 ORS
         NATIONAL HEALTH MISSION, ASSAM, HOUSE NO. 22,
         MILANJYOTI PATH, SIJUBARI, HATIGAON,
         GUWAHATI- 781038, IN THE DISTRICT OF KAMRUP (METRO), ASSAM,
         REPRESENTED BY ITS PRESIDENT NAMELY, DR. MUKUL SARMA.

         2: MUKUL SARMA
          S/O LATE GIRINDRA NATH SARMA
         VILL. AND P.O.- PATACHARKUCHI
          DIST.- BARPETA, ASSAM,
         PIN- 781326.

         3: SHEIKHUL ISLAM
          S/O MD. SAMED ALI
         VILL.- GAREMARI (MAZDIA)
          P.O.- PACHIM MAZDIA, P.S.- SARGHEBARI
          DIST.- BARPETA, ASSAM
          PIN- 781305 (THE GENERAL SECRETARY OF THE AFORSAID
         ASSOCIATION)

         VERSUS

         THE STATE OF ASSAM AND ANR.
         REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, HEALTH
         AND FAMILY WELFARE DEPTT.,
         DISPUR, GUWAHATI- 6.

         2:THE MISSION DIRECTOR
          NATIONAL HEALTH MISSION
          NATIONAL HEALTH MISSION, ASSAM
          SAIKIA COMMERCIAL COMPLEX, SRINAGAR PATH
          GUWAHATI- 5
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For the Appellant(s)           : Mr. K.N. Choudhury, Senior Advocate assisted by
                                 Ms. R.R. Kakoti and Mr. J. Patowary, Advocates
For the Respondent(s)      :     Mr. D. Saikia, Advocate General, Assam.

Mr. B. Gogoi, Standing Counsel, Health Department.

-B E F O R E -

HON'BLE THE CHIEF JUSTICE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

15.09.2023

Mr. K.N. Choudhury, learned Senior counsel representing the appellants urges that the writ petition was dismissed based on the judgment rendered by Hon'ble the Supreme Court in the case of State of Gujarat & Ors. Vs. Dr. P.A. Bhatt and Ors ., reported in (2023) SCC OnLine 503. A review application has been filed against the judgment in Dr. P.A. Bhatt (supra) and thus, it would be apposite to consider the instant appeal on merits after the fate of the review application filed before Hon'ble Supreme Court in the aforesaid case.

Issue notice.

Mr. D. Saikia, Advocate General, Assam assisted by Mr. B. Gogoi, Standing Counsel, Health Department puts in appearance on behalf of the respondents.

Copy of the memo of appeal be provided to Mr. Saikia.

List for admission after 6(six) weeks.

                        JUDGE                               CHIEF JUSTICE


Comparing Assistant