Gauhati High Court
Dr Baikuntha Barman vs The State Of Assam And 3 Ors on 20 June, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/8
GAHC010115992025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/187/2025
DR BAIKUNTHA BARMAN
S/O LATE DHARANI BARMAN, PREMANENT R/O RANGA TILA,
BATAHGHULI, P.O. PANJABARI, DIST. KAMRUP (M), ASSAM, PIN 781037
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM, MEDICAL EDUCATION AND RESEARCH DEPTT., DISPUR,
GUWAHATI 6
2:THE DIRECTOR OF AYUSH
GOVT. OF ASSAM ELYSIAN PALACE
HOUSE NO 9
DISPUR
LAW COLLEGE ROAD
DISPUR
GUWAHATI 6
3:THE PRINCIPAL
SWAHID JADAV NATH HOMEOPATHIC MEDICAL COLLEGE AND
HOSPITAL
GUWAHATI
P.O. PANJABARI
DIST. KAMRUP(M)
ASSAM
PIN 781037
4:DR. MONOJ KUMAR DEKA
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READER AND HEAD OF THE DEPTT.
DEPARTMENT OF MATERIA MEDICA SWAHID JADAV NATH
HOMEOPATHIC MEDICAL COLLEGE AND HOSPITAL
GUWAHATI
P.O. PANJABARI
DIST. KAMRUP (M)
ASSAM
PIN 78103
Advocate for the Petitioner : MR. K M HALOI, MR. T ALI
Advocate for the Respondent : SC, HEALTH, MR. D J KAPIL(R-4),MAUSAM NATH (R-4),MR. A
BHATTACHARJEE(R-4)
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MRS. JUSTICE MITALI THAKURIA
JUDGMENT
Date : 20.06.2025
[M. Choudhury, J]
Heard Mr. K.M. Haloi, learned counsel for the appellant; Mr. B. Gogoi, learned
Additional Advocate General, Assam for the respondent nos. 1, 2 & 3; and Mr. M.
Nath, learned Senior Counsel assisted by Mr. A. Bhattacharjee, learned counsel for
the respondent no. 4.
2. This intra-Court appeal is preferred against a Judgment dated 08.05.2025 passed
by the learned Single Judge in a writ petition, W.P.[C.] no. 6110/2024.
3. In the writ petition, W.P.[C.] no. 6110/2024, the appellant therein as the writ
petitioner had assailed a Notification dated 11.11.2024 issued by the Commissioner
and Secretary to the Government of Assam, Medical Education and Research
Department, whereby the respondent no. 4, a faculty in the rank of Reader in the
Swahid Jadav Nath [SJN] Homeopathic Medical College and Hospital at Guwahati
['the Homeopathic College', for short], had been allowed to work as Vice-Principal of
the Homeopathic College, in addition to works already assigned to him, until further
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order. The appellant-petitioner had also sought for a direction to the respondent
authorities to promote him as Vice-Principal of the Homeopathic College after
setting aside of the Notification dated 11.11.2024.
4. The appellant-petitioner had stated that he has been serving as a Professor in the
Homeopathic College since 25.01.2023. The main ground of challenge in the writ
petition was that the respondent no. 4 did not have the eligibility to be
appointed/promoted to the post of Vice-Principal of the Homeopathic College and as
such, he was not eligible to hold the post of Vice-Principal even on In-Charge basis.
5. While adjudicating the writ petition, the learned Single Judge has come to a finding
after considering the various rules, regulations, etc. placed before the Court that
there is no recruitment rule which regulates the appointment/promotion to the post
of Vice-Principal of the Homeopathic College. The learned Single Judge had also
come to a finding that the appointment of the respondent no. 4 as Vice-Principal,
even on In-Charge basis for a temporary period, would not be sustainable, in view
of the settled proposition that even for temporary appointment, one must be eligible
to be appointed to the said post. The learned Single Judge holding that the
appointment of the respondent no. 4 to the post of In-Charge Vice-Principal is not
sustainable, has set aside the impugned Notification dated 11.11.2024.
6. In the writ petition, a stand has been taken by the State respondents inter-alia to
the effect that the National Commission for Homeopathy [Minimum Essential
Standards for Homeopathic Colleges and Attached Hospitals] Regulations, 2024
['the Regulations, 2024', for short] is silent on the matter of qualification or eligibility
criteria for the post of Vice-Principal of homeopathic medical colleges and in the
absence of clear cut guidelines for appointment to the post of Vice-Principal of
homeopathic medical colleges, the basis of eligibility criteria laid down for the post
of Principal in the Regulation would be followed.
7. In reaching the above finding, the learned Single Judge has found that the relevant
provisions for regulating the various post of faculties in the Homeopathic Colleges
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would be the Regulations, 2024, wherein the essential qualification for
appointment/promotion to different posts including the post of Principal, are laid
down and as the Regulations, 2024, Principal should be a person holding a post of
not less than the teaching cadre of Professor with a recognized post-graduate
degree in homeopathy in a Degree-level recognized homeopathic medical institution
for a period of not less than two years; or an Associate Professor with recognized
Post Graduate degree and teaching experience for a period of not less than seven
years in the cadre of Associate Professor. The learned Single Judge has further
tentatively observed that since the petitioner-appellant was promoted as Professor
by a notification dated 25.01.2023 he would be eligible to be appointed/promoted
to the post of Vice-Principal as per the Regulations, 2024 for the post of Vice-
Principal if it is applied for filling out the post of Vice-Principal. The learned Single
Judge has also recorded that the respondent no. 4 would not be eligible to be
appointed as Vice-Principal as he is serving as a Reader, if the Regulations, 2024 is
applied for the post of Vice-Principal.
8. The learned Single Judge has directed the respondent Authorities to fill up the post
of Vice-Principal of the Homeopathic College on regular basis by following the
applicable rules within a period of four months from 08.05.2025.
9. This intra-court appeal is preferred by the appellant-petitioner aggrieved by that
part of the Judgment of the learned Single Judge dated 08.05.2025 wherein the
learned Single Judge while holding the respondent no. 4 ineligible to hold the post
of Vice-Principal even on In-Charge basis for a temporary period because of his
ineligibility to be promoted to the post of Vice-Principal, has allowed the respondent
no. 4 to continue to hold the post of Vice-Principal of the Homeopathic College on
In-Charge basis till the post is filled up in regular basis.
10. Mr. Gogoi, learned Additional Advocate General appearing for the State respondents
has submitted that a peculiar situation has emerged, in the meantime, due to
suspension of the Principal In-Charge of the Homeopathic College by a Notification
dated 05.05.2025 and he has placed a copy of the said Notification before this
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Court.
11. It is noticed from the Notification dated 05.05.2025 that the incumbent who was
holding the Principal of the Homeopathic College on In-Charge basis, has been
placed under suspension with immediate effect pending drawal of the departmental
proceeding.
12. It is stated at the Bar that the Homeopathic College along with a Hospital is the
only Government institution in the State imparting homeopathic education. In view
of the situation emerging due to the Notification dated 05.05.2025 and the
observation of the learned Single Judge in the impugned part of the Judgment
dated 08.05.2025 whereby the respondent no. 4 has been allowed to hold the post
of Vice-Principal of the Homeopathic College on In-Charge basis, it has resulted in a
situation where, in essence, it would be the respondent no. 4, who would be
running the affairs of the Homeopathic College as the Head of the Institution till the
process of regular appointment for filling up the post of Vice-Principal is brought to
a logical conclusion.
13. Mr. Nath, learned Senior Counsel appearing for the respondent no. 4 has referred
an order passed by a Coordinate Bench of this Court in Writ Appeal no. 12/2019
[Tsuktinungba vs Shri Limatoshi and 3 others] to submit that a similar
situation arose in the said writ appeal and the appellant therein was permitted to
discharge his duties in the post till the regular selection process for filling up the
post the appellant was holding was complete.
14. The Order in Tsuktinungba [supra] was in connection with selection and
appointment to a post which the petitioner therein had contended that it was to be
filled up as per a Policy of the Government of Nagaland. The Policy, referred to by
the petitioner, allowed the State and/or the appointing authority to make
appointment of a person from the land-owner's family who had donated land for
establishment of any Government institution in the locality as land, in the State of
Nagaland, belongs to the people. The landowner's policy of the Government of
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Nagaland permits appointment in the lowest rank of the cadre. Finding the
appointment of the appellant-respondent no.4 therein illegal being made without
any advertisement and with any selection process, the learned Single Judge set
aside the appointment of the appellant-respondent no. 4 and directed the State
respondents to fill up the post by undertaking a regular selection process in
conformity with the principles contained in Article 14 and Article 16 of the
Constitution of India. The Coordinate Bench while affirming the directions of the
learned Single Judge regarding setting aside of the appellant-respondent no. 4's
appointment, and completion of the regular selection process, had permitted the
appellant-respondent no. 4 to discharge his duties in the post where he as
appointed, till completion of the process of regular selection within a period of three
months.
15. Having considered the facts and circumstances obtaining in Tsuktinungba [supra]
and the present case together, we are not persuaded to be in agreement with the
submission of the learned Senior Counsel appearing for the respondent no. 4, that
the respondent no. 4 here should be allowed to function as the Vice-Principal on In-
Charge basis till the completion of the regular selection process, as directed by the
learned Single Judge in the Judgment dated 08.05.2025. The person in
Tsuktinungba [supra] was holding a post in the lowest rung in the institution
whereas the post involved here is Vice-Principal of the Homeopathic College.
Therefore, the two posts are not comparable.
16. In the case in hand, the issue is about holding of the charge of Vice-Principal of the
Homeopathic College. In view of the peculiar situation emerging from the
suspension of the Principal In-Charge of the Homeopathic College, in the meantime,
on 05.05.2025 if the respondent no. 4 is allowed to hold the charge of Vice-Principal
In-Charge till the completion of the selection process, as directed by the learned
Single Judge, within a period of four months from 09.05.2025, the respondent no.
4, would, in essence, be running the affairs of the Homeopathic College as the Head
of the institution in the absence of a regular Principal/In-Charge Principal whereas
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he is not even eligible to hold the post of Vice-Principal even on In-Charge basis for
a temporary period, due to his ineligibility. Allowing the respondent no. 4 to
continue for any further period would amount to perpetuation of an illegality.
17. In view of the above discussion and for the reasons recorded, we are of the
considered view that that part of the impugned Judgment whereby the respondent
no. 4 has been allowed to continue to hold the charge of the Vice-Principal of the
Homeopathic College till the post is filled up on regular basis cannot be allowed to
continue and needs to be interfered with, in the interest of justice, and it is
accordingly, interfered with by setting it aside.
18. In view of the interference in the afore-state manner and the peculiar fact situation
obtaining in the case in hand, the resultant situation is that there would be none
either in the post of Principal or in the post of Vice-Principal, either in regular basis
or on In-Charge basis, to run the affairs of the Homeopathic College, which is an
institution of importance.
19. Taking into consideration the matter in its entirety, it is reiterated that the State
respondents shall complete the regular selection process to fill up the post of Vice-
Principal of the Homeopathic College within time period, as directed by the learned
Single Judge. In the meantime, the State respondents shall also make necessary
arrangements to run the affairs of the Homeopathic college by appointing an eligible
person, either to the post of Principal or to the post of Vice-Principal, on In-Charge
basis, as expeditiously as possible, but within an outer limit of two weeks from
today. It is further observed that in the event there no eligible person is available,
the State respondents shall run the affairs of the Homeopathic College through an
Administrative Officer having the competence to run such an institution.
20. The writ appeal stands disposed with the aforesaid observations and directions. No
cost.
JUDGE JUDGE
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Comparing Assistant
