Gauhati High Court
WA/260/2025 on 19 August, 2025
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GAHC010185852025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/260/2025
1.THE STATE OF NAGALAND AND 3 ORS.
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND, KOHIMA-
797001
2: THE COMMISSIONER AND SECRETARY
DEPT. OF HIGHER AND TECHNICAL EDUCATION
NAGALAND KOHIMA-797001
3: THE DIRECTOR,
DIRECTORATE OF TECHINICAL EDUCATION
NAGALAND KOHIMA-797001
4: THE CHAIRMAN
STATE COMMON SELECTION BOARD
NAGALAND KOHIMA-797001
-VERSUS-
1.VATSALA PANGHAL AND ANR.
D/O. COLONEL LOVELESG PANGHAL, 1 NAGALAND BN NCC,
KRUOLIEZOU COLONY, NEAR PENIEL CHURCH, BILLY GRAHAN ROAD,
KOHIMA-797001, NAGALAND.
2:THE UNION OF INDIA
MINISTRY OF HEALTH AND FAMILY WELFARE
GOVT. OF INDIA NIRMAN BHAWAN NEW DELHI-11000
Linked Case : I.A.(Civil)/2724/2025
1.THE STATE OF NAGALAND 3 ORS.
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND
KOHIMA-797001
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2: THE COMMISSIONER AND SECRETARY
DEPT. OF HIGHER AND TECHNICAL EDUCATION
NAGALAND KOHIMA-797001
3: THE DIRECTOR
DIRECTORATE OF TECHINICAL EDUCATION
NAGALAND KOHIMA-797001
4: THE CHAIRMAN
STATE COMMON SELECTION BOARD
NAGALAND KOHIMA-797001.
- VERSUS-
1.VATSALA PANGHAL AND ANR.
D/O. COLONEL LOVELESG PANGHAL
1 NAGALAND BN NCC KRUOLIEZOU COLONY
NEAR PENIEL CHURCH BILLY GRAHAN ROAD
KOHIMA-797001 NAGALAND.
2:THE UNION OF INDIA
MINISTRY OF HEALTH AND FAMILY WELFARE
GOVT. OF INDIA NIRMAN BHAWAN NEW DELHI-110001
For the Appellant(s) : Ms. V. Soukhrie, Additional Advocate General, Nagaland.
: Ms. T. Khro, Additional Advocate General, Nagaland.
For the Respondent(s) : Ms. Vatsala Panghal, respondent No.1 in person (through Video
Conferencing)
: Mr. K. Gogoi, Central Government Counsel for respondent No.2.
-B E F O R E -
HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR
HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
19.08.2025
(Ashutosh Kumar, CJ)
The State of Nagaland is in appeal against the judgment and order
dated 14.08.2025 passed by a learned Single Judge of this Court (Kohima
Bench) in WP(C) No.138/2025 and WP(C) No.134/2025, whereby a direction has
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been issued to appellant No.3, namely, the Director, Directorate of Technical
Education, Nagaland, Kohima to modify the merit list of the candidates for
selection and nomination against the central pool of MBBS seats for the State of
Nagaland, for the academic year 2025-26, including the name of Vatsala
Panghal/respondent No.1 herein at appropriate position in the said list and offer
her a seat for MBBS course under the central pool for the State of Nagaland for
the academic year 2025-26.
The contention on behalf of the appellant/State is that the respondent
No.1/Vatsala Panghal is the daughter of an Army Colonel, posted as
Commanding Officer, 1 Nagaland Battalion, NCC at Kohima. The appellant has
questioned whether the father of the respondent No.1 would be deemed to be
holding a civil post under the Central Government for the respondent No.1 to
take advantage of the MBBS central pool meant for the State of Nagaland.
The other contention on behalf of the appellant/State is that a State has
the power to prescribe eligibility criteria for selection and nomination to MBBS
seat meant for such State which in this case is the State of Nagaland.
The Government of India, Ministry of Health and Family Welfare, has
issued guidelines for each academic session, the latest ones, being Office
Memorandum dated 12.08.2024 and 28.07.2025, which guidelines are directory
in nature.
Since the State of Nagaland is deficient in medical education, for which
42 MBBS central pool seats have been allocated for the academic session 2025-
26, it would be very difficult to allot a seat from such pool to the respondent
No.1 on the ground of her entitlement as a daughter of a Military officer, posted
at Nagaland for only one year.
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That apart, the appellants have raised a preliminary objection to the
judgment of the learned Single Judge on the ground that approximately equal
number of seats, namely, 42 MBBS seats are earmarked for wards of Military
Officers, which pool could have accommodated the respondent No.1.
There are other grounds also which have been raised in this appeal.
However, Ms. Vatsala Panghal/respondent No.1, who has appeared
virtually, has sought some time to contest the appeal.
Let this matter come up for consideration on 08.09.2025.
Till such time, the operation of the impugned judgment dated
14.08.2025 passed by the learned Single Judge shall remain in abeyance with
the rider that one seat shall be kept vacant, which shall be filled up after the
decision in this appeal.
JUDGE CHIEF JUSTICE
Comparing Assistant
