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Gauhati High Court
Page No.# 1/3 vs The Union Of India And 6 Ors on 27 February, 2026
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/3
GAHC010017782026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1118/2026
HEM CHANDRA SARMA AND ANR
SON OF LATE BRAJA NATH SARMA, RESIDENT OF HOUSE NO.263, MALAY
NAGAR, PWD CHOWK, NEAR AEC CAMPUS, P.O AND P.S.- JALUKBARI,
GUWAHATI-781013, DISTRICT- KAMRUP (M), ASSAM.
2: DIPANKAR SARMA
SON OF SRI HEM CHANDRA
SARMA
RESIDENT OF HOUSE NO. 263
MALAY NAGAR
PWD CHOWK
NEAR AEC CAMPUS
P.O AND P.S.- JALUKBARI
GUWAHATI- 781013
DISTRICT-KAMRUP (M)
ASSAM
VERSUS
THE UNION OF INDIA AND 6 ORS
REPRESENTED BY SECRETARY, GOVT. OF INDIA, DEPARTMENT OF
SOCIAL JUSTICE AND EMPOWERMENT, SHASTRI BHAWAN, C-WING, DR.
RAJENDRA PRASAD ROAD, NEW DELHI- 110011.
2:THE STATE OF ASSAM
REPRESENTED BY SECRETARY
GOVERNMENT OF ASSAM
DEPARTMENT OF SOCIAL WELFARE DISPUR
GUWAHATI-781006.
3:THE COMMISSIONER AND SECRETARY /PRINCIPAL SECRETARY
HEALTH SERVICES DEPARTMENT
DISPUR
GUWAHATI- 6.
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4:THE JOINT DIRECTOR OF DEPARTMENT OF HEALTH SERVICES
OFFICE OF THE JOINT DIRECTOR HEALTH SERVICES
CHATPUKHURI
UZANBAZAR
GUWAHATI
KAMRUP M.
5:ASSAM STATE LEGAL SERVICES AUTHORITY
ADJACENT TO GAUHATI HIGH COURT NEW BUILDING
GUWAHATI- 781001.
6:THE CHAIRMAN
DISTRICT LEVEL COMMITTEE CUM JOINT DIRECTOR
HEALTH SERVICES
CHATPUKHURI
UZANBAZAR, GUWAHATI-01
KAMRUP (M), ASSAM.
7:PURABI SARMAH
WIFE OF SHRI. DIPANKAR SARMA DAUGHTER OF SACHIN SARMAH
RESIDENT OF PACHARIA
BARHMONTOL
NEAR KALI MANDIR
P.O.- PACHARIA
P.S.- HAJO, PIN- 781104
DISTRICT- KAMRUP (M)
ASSAM, PH. NO.- 9957977320
Advocate for the Petitioner : MR S P DAS, MR. ANGSHUMAN DEKA,MS C BORA,MS. S
BAISHYA
Advocate for the Respondent : DY.S.G.I., SC, HEALTH AND F W,GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
27.02.2026
Heard Shri S. P. Das, learned counsel for the petitioners.
The petitioner no. 1 is the father of the petitioner no. 2 and a writ petition
was filed earlier for issuance of appropriate disability certificate qua the
petitioner no. 2, who is suffering from incapacitation due to medical reasons. It
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is the case of the petitioners that while a disability certificate has been issued,
the application for issuance of a limited guardianship certificate has not been
acted upon in spite of further reminders.
Let notice be issued, returnable on 01.04.2026.
Shri S. S. Roy, learned CGC accepts notice on behalf of respondent no. 1;
Shri N. Das, learned State Counsel accepts notice on behalf of respondent no. 2;
Ms. S. Sarma, learned Standing Counsel, Health Department accepts notice on
behalf of respondent nos. 3, 4 & 6 and Shri R. Chouhan, learned counsel
appearing on behalf of Ms. R. S. Choudhury, learned Standing Counsel, ASLSA
accepts notice on behalf of respondent no. 5.
Extra copies of the writ petition be served upon them within 2 (two) days.
Steps be taken for service of notice upon the respondent no. 7 by speed
post with A/D within 2 (two) working days.
Shri Das, the learned counsel for the petitioner prays for an interim order.
Shri Das, the learned counsel has contended that in the meantime, a divorce
proceeding has been initiated by the respondent no. 7 and in absence of a
guardianship certificate, immense prejudice would be suffered by the petitioner
no. 2 to contest the said proceeding.
Considering the facts and circumstances and by balancing the equalities, it
is provided that till the returnable date, further proceedings in FC (C) 171/2025
pending in the Court of the learned Family Court, Kamrup No. 2 shall remain
suspended. It is also provided that pendency of this writ petition shall not be
bar for consideration of the representation for limited Guardianship Certificate in
accordance with law.
JUDGE
Comparing Assistant
