Page No.# 1/3 vs The State Of Assam And 10 Ors
2026 Latest Caselaw 3319 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And 10 Ors on 8 April, 2026

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                  Page No.# 1/3

GAHC010195232025




                                                           undefined

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

                         Case No. : WP(C)/5096/2025

         MS R.B ENTERPRISE AND ANR
         REPRESENTED BY ITS PROPRIETOR NAMELY RAKESH BARBHUYAN,
         SITUATED ITS PRESENT REGISTERED OFFICE AT ISLAMPUR GUWAHATI
         781007, P.S. PALTAN BAZAR, DIST. KAMRUP (M), ASSAM.

         2: RAKESH BARBHUYAN
          SON OF LATE BADARUDDIN BARBHUYAN PROPRIETOR OF M/S. R.B.
         ENTERPRISE RESIDENT OF HOUSE NO-13
          ISLAMPUR
          GUWAHATI
          P.O
          ULUBARI
          P.S. PALTAN BAZAR
          DIST- KAMRUP (M)
         ASSAM
          PIN 78100

         VERSUS

         THE STATE OF ASSAM AND 10 ORS
         REPRESENTED BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM,
         HEALTH AND FAMILY WELFARE DISPUR, GUWAHATI 781006

         2:THE ADDITIONAL SECRETARY TO THE GOVT OF ASSAM
          MEDICAL EDUCATION AND RESEARCH DEPARTMENT
          DISPUR
          GHY-06.

         3:THE MONITORING COMMITTEE
          REPRESENTED BY CHAIRMAN (I) PROF DR. P.P. DAS
          DEPARTMENT OF SURGERY (II) PROF. DR. P.K DAS
         ADDL. SUPERINTENDENT
          MEMBER SECRETARY (III) PROF. PANKAJ ADHIKARI DEPARTMENT OF
         DERMATOLOGY
                                                                  Page No.# 2/3

             MEMBER
             GAUHATI MEDICAL COLLEGE AND HOSPITAL GHY-32

            4:THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT OF
            ASSAM
             P.W. (BUILDING AND NH) DEPARTMENT
             DISPUR
             GUWAHATI 781006

            5:THE CHIEF ENGINEER
             PWD (BUILDING)
            ASSAM
             CHANDMARI
             GUWAHATI-781003

            6:THE SUPERINTENDING ENGINEER
             PWD
             GUWAHATI BUILDING CIRCLEII
             CHANDMARI
             GUWAHATI-781003

            7:THE EXECUTIVE ENGINEER
             P.W.D GUWAHATI BUILDING DIVISION
             DISPUR
             GUWAHATI-06

            8:THE EXECUTIVE ENGINEER
             P.W.D DISPUR AND GUWAHATI EAST
            TERRITORIAL BUILDING DIVISION
             GUWAHATI-1

            9:THE ASSISTANT EXECUTIVE ENGINEER PWD GUWAHATI
             MEDICAL COLLEGE CONSTRUCTION SUB-DIVISION
             DISPUR
             GHY-32

            10:THE DIRECTOR OF MEDICAL EDUCATION
            ASSAM
             SIXMILE
             KHANAPARA
             GUWAHATI-22

            11:PRINCIPAL CUM CHIEF SUPERINTENDENT GAUHATI MEDICAL
            COLLEGE AND HOSPITAL
             GUWAHATI-3

Advocate for the Petitioner   : G UDDIN, P ADHIKARI,MR M HAQUE
                                                                                  Page No.# 3/3

Advocate for the Respondent : SC, HEALTH, SC, PWD




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                            ORDER

08.04.2026

Heard Mr. M. Hoque, learned counsel for the petitioner; Ms. D. Bora, learned Standing Counsel, Health & Family Welfare Department for the respondent nos. 1, 2, 3, 10 & 11; and Mr. M. Bhuyan, learned counsel on behalf of Mr. B. Gogoi, learned Standing Counsel, Public Works Department [PWD] for the respondent nos. 4 to 9.

The respondent no. 10 has already filed its affidavit-in-opposition. Ms. Bora, learned Standing Counsel, Health & Family Welfare Department has submitted that she is yet to receive instructions from the respondent no. 1 and would need three weeks time to obtain instructions and to file an affidavit-in-opposition on behalf of the respondent no. 1. Ms. Bora has, thus, sought for three weeks time to file the affidavit. Mr. Bhuyan, learned counsel appearing for the respondent nos. 4 to 9 has submitted that the respective counter affidavits will be filed without fail if a time period of 4 [four] weeks is given.

The prayers made by Ms. Bora and Mr. Bhuyan are accepted. List the case on 25.05.2026.

JUDGE

Comparing Assistant