Gauhati High Court
Page No.# 1/5 vs Vatsala Panghal And Anr on 22 September, 2025
Author: M. Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/5
GAHC010185852025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/260/2025
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
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
Advocate for the Petitioner : ADDL. AG, NAGALAND,
Advocate for the Respondent : DY.S.G.I., MR. K GOGOI(C.G.C)
Linked Case : I.A.(Civil)/2724/2025
Page No.# 2/5
THE STATE OF NAGALAND 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
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
------------
Advocate for : ADDL. AG NAGALAND
Advocate for : appearing for VATSALA PANGHAL AND ANR.
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ORDER
Date : 22.09.2025
(M. Zothankhuma, J)
Heard Ms. V. Shoukhrie, learned Addl. AG, Nagaland, Mr. K. Gogoi, learned
CGC for the Union of India and Mr. Akshay Bhandari, learned counsel for the
private respondent/writ petitioner.
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2. The present appeal is a challenge to the judgment and order dated
14.08.2025, passed in WP(C) 134/2025, wherein the learned Single Judge had
held that the private respondent/writ petitioner was to be allotted 1 MBBS seat,
for the academic year 2025-2026, out of the 42 MBBS Central seats allotted to
the State of Nagaland under category 4 of the Office Memorandum dated
28.07.2025.
3. Clause 1.2 of the aforesaid Office Memorandum provides as follows:-
"1.2 Eligibility Conditions:
Only the children of
1. Permanent residents of the State/UT concerned;
2. The employees of the State/UT Government concerned;
3. The employees of the Central/other State/UT Government on
deputation to the State/UT concerned and
4. The employees of the Central/other State/UT Govt. posted in and
having their headquarters within the State/UT concerned will be eligible.
The children of Central/State/UT Government employees aforementioned
should be treated at par with the local resident."
4. Mr. K. Gogoi, learned CGC, had been directed, vide order dated 08.09.2025,
to obtain instructions with regard to whether Clause 4 of the Office
Memorandum dated 28.07.2025 would include Army Officers.
5. Mr. K. Gogoi submits that the private respondent/writ petitioner cannot be
allotted a seat from amongst the 42 MBBS Central seats allotted to the State of
Nagaland under Office Memorandum dated 28.07.2025. In this regard, Mr. K.
Page No.# 4/5
Gogoi, learned CGC has submitted letter No.C.18018/01/2025-ME-II dated
17.09.2025, issued by the Under Secretary to the Government of India, which is
addressed to the learned CGC, which states at para Nos. 5 & 6 as follows:-
"5. Under the Central Pool Quota Scheme, 42 MBBS and 04 BDS seats has
been allocated to Nagaland and 42 MBBS and 03 BDS seats has also been
allocated to Ministry of Defence for being allotment to ward of defence
personnel for academic year 2025-26. Copies of allocation of Seats to State of
Nagaland and Ministry of Defence are an annexure.
6. So far as the matter related to treating of Army personnel as central
government employee in clause 1.2.4 of Ministry's Guidelines dated 27.07.2025.
it is informed that these seats are allocated to the State to compensate for the
shortage of medical infrastructure and to provide opportunities for the students
of the State to integrate into the mainstream. Additionally, a separate quota is
reserved for army personnel under the central pool scheme."
6. The learned AG submits that Clause 4 of the Office Memorandum dated
28.07.2025 is not applicable to the writ petitioner's case, in view of the fact that
the headquarters of the NCC, in which the petitioner's father is a Commandant,
is having it's headquarter at Shillong and not in Nagaland. He also submits that
the writ petitioner's case does not come within any of the provisions of the
Office Memorandum dated 28.07.2025.
7. Mr. K. Gogoi shall accordingly submit an affidavit specifically stating as to
whether the word "concerned" in Clause 1.2(3) would mean Government or
Territory and as to whether the petitioner is eligible to be allotted 1 out of the
42 MBBS Central seats allotted to the Government of Nagaland, in terms of
Clause 3 or 4 of the said Office Memorandum dated 28.07.2025.
8. Accordingly, list the matter on 13.10.2025.
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9. As one of us is going to be sitting in one of the Outlying Benches on
13.10.2025, the matter is released from part-heard.
10. Interim order, passed earlier, shall continue till then.
JUDGE JUDGE
Comparing Assistant
