Gauhati High Court
Dr Baikuntha Barman vs Dr. Sidharth Singh on 22 September, 2025
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GAHC010170252025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/403/2025
DR BAIKUNTHA BARMAN
SON OF LATE DHARANI BARMAN, PERMANENT RESIDENT OF RANGA
TILA, BATAHGHULI, P.O.- PANJABARI, DISTRICT- KAMRUP (METRO),
ASSAM, PIN-781037
VERSUS
1.DR. SIDHARTH SINGH, IAS AND 2 ORS.
COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, MEDICAL
EDUCATION AND RESEARCH DEPARTMENT, DISPUR, GUWAHATI- 6
2:DR. INDRANOSHEE DAS ACS
DIRECTOR OF AYUSH ASSAM ELYSIAN PALACE, HOUSE NO.-9 DISPUR
LAW COLLEGE ROAD DISPUR GUWAHATI- 6
3:DR. MONOJ KUMAR DEKA
READER AND HEAD OF THE DEPARTMENT OF MATERIA MEDICAL
SWAHID JADAV NATH HOMEOPATHIC MEDICAL COLLEGE AND
HOSPITAL GUWAHATI P.O.- PANJABARI DISTRICT- KAMRUP(METRO)
ASSAM PIN-78103
For the Petitioner(s) : Mr. K.M. Haloi, Advocate.
For the Respondent(s) : Mr. D.P. Borah, Advocate for respondent Nos.1 & 2.
-B E F O R E -
HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR
HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
22.09.2025
(Ashutosh Kumar, CJ)
We have heard Mr. K.M. Haloi, learned Advocate for the petitioner and
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Mr. D.P. Borah, learned Advocate for respondent Nos.1 and 2.
2. The petitioner, despite being the senior most Professor at Swahid
Javad Nath Homeopathic Medical College and Hospital, Guwahati was not
appointed as Vice Principal of the College, which is a promotional post and is
required to be filled up by promoting the senior most eligible Professor, as per
the established norms. In fact, respondent No.3, a Reader in the College and
junior to the petitioner, was appointed as In-charge Vice Principal of the College.
3. This appointment of respondent No.3 was challenged by the
petitioner before this Court vide WP(C) No.6110/2024, which was allowed.
4. The respondent No.3 was found to be ineligible to be appointed as
Vice Principal even on a temporary basis. Additionally, the learned Single Judge
also held that the petitioner was eligible for the said post.
However, the learned Single Judge in that instance permitted the
respondent No.3 to continue as the Vice Principal In-charge till the time the post
is filled up on a regular basis.
5. This observation of the learned Single Judge was again challenged
by the petitioner vide WA No.187/2025.
6. The Division Bench vide judgment dated 20.06.2025 held as
follows:-
"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
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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."
7. Today, Mr. D.P. Borah, learned Advocate for the respondent Nos.1
and 2 has submitted that in the interest of public service, Smt. Loni Borpatra
Gohain, ACS, Deputy Secretary of Medical Education and Research Department
has been entrusted to hold the charge of Principal (i/c), Swahid Jadav Nath
Homeopathic College and Hospital in addition to her normal duties with
immediate effect and until further orders.
Mr. Borah has further submitted, as informed to him by the
Department, that the regular process of filling up the post of Vice Principal is
afoot and very shortly, the advertisement would be issued for the same.
8. Taking this statement on record, we do not deem it necessary to
continue with the contempt petition any further, with the hope and trust that
the process shall be completed without any delay, failing which, the petitioner
shall have the liberty to approach this Court again.
9. The contempt petition stands closed.
JUDGE CHIEF JUSTICE
Comparing Assistant
