Gauhati High Court
Page No.# 1/9 vs The State Of Assam And 30 Ors on 28 February, 2025
Page No.# 1/9
GAHC010015422025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/397/2025
DR NURALOM AHMED AND 4 ORS
S/O ABDUS SALAM AHMED, R/O.DEWKUNA, P.O. KALGACHIA, PIN-
781319, DIST. BARPETA, ASSAM
2: DR FAZALKARIM SHAH
S/O. LT. AYNALHAQUE SHAH
R/O.VILL TAKIMARJ
P.O. HAZIRHAT
PIN 783128
DIST SOUTH SALMARA
ASSAM
3: DR MAHMUD UL HASSAIN
S/O.ANOWAR ALI SARKAR
R/O.HAZIRHAT
P.O.- HAZIRHAT
PIN- 783128
DIST.- SOUTH SALMARA
ASSAM
4: DR ABU SHARIF AKANDA
S/O.ABDULHOQUEAKANDA
RESIDENT OF VILLAGE- CHAMDHARA
P.O.- DAGAON
P.S.- JURIA
PIN- 782124
DISTRICT- NAGAON
ASSAM
5: DR NEERAJ DAS
S/O.JOGESH DAS
R/O.HOUSE NO.9
BYE LANE NO.3
NARIKALBARI
Page No.# 2/9
GHY-24
DIST.- KAMRUP (M)
ASSA
VERSUS
THE STATE OF ASSAM AND 30 ORS.
REPRESENTED BY THE PRINCIPAL SECRETARY, HEALTH AND FAMILY
WELFARE DEPARTMENT, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI,
ASSAM. PIN- 780006
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT GOVERNMENT OF ASSAM
DISPUR
GUWAHATI
ASSAM. PIN 780006
3:THE SELECTION BOARD
REPRESENTED BY ITS CHAIRPERSON THE DIRECTOR OF MEDICAL
EDUCATION (CONSTITUTED UNDER RULE 11 OF THEMEDICAL
COLLEGES OF ASSAM (REGULATION OF ADMISSION INTO POST
GRADUATE DEGREE AND DIPLOMA COURSES) RULES
2021)
ASSAM SIXMILE
GUWAHATI 22
4:THE DIRECTOR OF MEDICAL EDUCATION
ASSAM
SIXMILE
GUWAHATI 22
5:THE DIRECTOR OF HEALTH SERVICES
ASSAM
HENGRABARI
GUWAHATI 36
6:THE PRINCIPAL
GAUHATI MEDICAL COLLEGE
GUWAHATI
P.O. INDRAPUR
PIN 781032
DISTRICT KAMRUP (M)
ASSAM
7:THE PRINCIPAL
ASSAM MEDICAL COLLEGE
DIBRUGARH
P.O. ASSAM MEDICAL COLLEGE
Page No.# 3/9
PIN 786002
DISTRICT DIBRUGARH
ASSAM
8:THE PRINCIPAL
JORHAT MEDICAL COLLEGE
JORHAT
P.O. AND DISTRICT JORHAT
ASSAM
PIN 785001
9:THE PRINCIPAL
TEZPUR MEDICAL COLLEGE
TUMUKI
TEZPUR
ASSAM
PIN 784153
10:THE PRINCIPAL
SILCHAR MEDICAL COLLEGE
SILCHAR
P.O. SILCHAR MEDICAL COLLEGE
PIN 788014
DISTRICT CACHAR
ASSAM
11:DR. SHIBASISH PAUL
C/O. THE PRINCIPAL
SILCHAR MEDICAL COLLEGE
SILCHAR
P.O. SILCHAR MEDICAL COLLEGE
PIN 788014
DISTRICT CACHAR
ASSAM
12:DR. RISHAV KALITA
C/O. THE PRINCIPAL
SILCHAR MEDICAL COLLEGE
SILCHAR
P.O. SILCHAR MEDICAL COLLEGE
PIN 788014
DISTRICT CACHAR
ASSAM
13:DR. OLIBHA BHARADWAJ
C/O. THE PRINCIPAL
SILCHAR MEDICAL COLLEGE
SILCHAR
Page No.# 4/9
P.O. SILCHAR MEDICAL COLLEGE
PIN 788014
DISTRICT CACHAR
ASSAM
14:DR. BAISHALI GHOSH
C/O. THE PRINCIPAL
ASSAM MEDICAL COLLEGE
DIBRUGARH
P.O. ASSAM MEDICAL COLLEGE
PIN 786002
DISTRICT DIBRUGARH
ASSAM
15:DR. BOIDURJYA BORA
C/O. THE PRINCIPAL
GAUHATI MEDICAL COLLEGE
GUWAHATI
P.O. INDRAPUR
PIN 781032
DISTRICT KAMRUP (M)
ASSAM
16:DR. SNEHA AGARWAL
C/O. THE PRINCIPAL
GAUHATI MEDICAL COLLEGE
GUWAHATI
P.O. INDRAPUR
PIN 781032
DISTRICT KAMRUP (M)
ASSAM
17:DR. CHANDRASEKHAR NATH
C/O. THE PRINCIPAL
GAUHATI MEDICAL COLLEGE
GUWAHATI
P.O. INDRAPUR
PIN 781032
DISTRICT KAMRUP (M)
ASSAM
18:DR. AAKANSHA MEDHI
C/O. THE PRINCIPAL
GAUHATI MEDICAL COLLEGE
GUWAHATI
P.O. INDRAPUR
PIN 781032
DISTRICT KAMRUP (M)
Page No.# 5/9
ASSAM
19:DR. CHANDRASHEKHAR KOIRI
C/O. THE PRINCIPAL
ASSAM MEDICAL COLLEGE
DIBRUGARH
P.O. ASSAM MEDICAL COLLEGE
PIN 786002
DISTRICT DIBRUGARH
ASSAM
20:DR. ANOWAR HUSSAIN
C/O. THE PRINCIPAL
ASSAM MEDICAL COLLEGE
DIBRUGARH
P.O. ASSAM MEDICAL COLLEGE
PIN 786002
DISTRICT DIBRUGARH
ASSAM
21:DR. SOURAV NATH
C/O. THE PRINCIPAL
SILCHAR MEDICAL COLLEGE
SILCHAR
P.O. SILCHAR MEDICAL COLLEGE
PIN 788014
DISTRICT CACHAR
ASSAM
22:DR. SIVASIS PAUL
C/O. THE PRINCIPAL
SILCHAR MEDICAL COLLEGE
SILCHAR
P.O. SILCHAR MEDICAL COLLEGE
PIN 788014
DISTRICT CACHAR
ASSAM
23:DR. SUSMITA GOSWAMI
C/O. THE PRINCIPAL
ASSAM MEDICAL COLLEGE
DIBRUGARH
P.O. ASSAM MEDICAL COLLEGE
PIN 786002
DISTRICT DIBRUGARH
ASSAM
24:DR. PRIYA MORAL
Page No.# 6/9
C/O. THE PRINCIPAL
JORHAT MEDICAL COLLEGE
JORHAT
P.O. JORHAT
PIN 785001
DISTRICT JORHAT
ASSAM
25:DR. KAUSHIK RAJBONGSHI
C/O. THE PRINCIPAL
JORHAT MEDICAL COLLEGE
JORHAT
P.O. JORHAT
PIN 785001
DISTRICT JORHAT
ASSAM
26:DR. SUSWAGATA BARUAH
C/O. THE PRINCIPAL
TEZPUR MEDICAL COLLEGE
TUMUKI
TEZPUR
ASSAM
PIN 784153
27:DR. RAJASHREE CHOUDHURY
C/O. THE PRINCIPAL
TEZPUR MEDICAL COLLEGE
TUMUKI
TEZPUR
ASSAM
PIN 784153
28:DR. ARNAB JYOTI DEKA
C/O. THE PRINCIPAL
JORHAT MEDICAL COLLEGE
JORHAT
P.O. JORHAT
PIN 785001
DISTRICT JORHAT
ASSAM
29:DR. JAYASHISH GOSWAMI
C/O. THE PRINCIPAL
GAUHATI MEDICAL COLLEGE
GUWAHATI
P.O. INDRAPUR
PIN 781032
Page No.# 7/9
DISTRICT KAMRUP (M)
ASSAM.
30:DR. KAUSHIK CHOUDHURY
C/O. THE PRINCIPAL
GAUHATI MEDICAL COLLEGE
GUWAHATI
P.O. INDRAPUR
PIN 781032
DISTRICT KAMRUP (M)
ASSAM
31:DR. ASMITA DAS
C/O. THE PRINCIPAL
ASSAM MEDICAL COLLEGE
DIBRUGARH
P.O. ASSAM MEDICAL COLLEGE
PIN 786002
DISTRICT DIBRUGARH
ASSA
Advocate for the Petitioner : MR. P J SAIKIA, SR. ADV, MR. M ALAM,MR. P BORDOLOI
Advocate for the Respondent : SC, HEALTH,
BEFORE
DEPUTY REGISTRAR (BENCH) - MR. SAPTARSHI DAS
ORDER
Date : 28.02.2025 Case taken up before the Lawazima Court.
Learned counsel Mr. R.K. Mahanta appears on behalf of Mr. P. Bordoloi, learned counsel for the petitioners.
Perused the records.
Perusal of the recent office note dated 25.02.2025 reveals that notice was issued to the respondent Nos. 11 to 31 by registered post with A/D on 05.02.2025.
Now, in respect of the aforesaid notice issued to the respondent Nos. 11 to 31, the following facts have been observed:-
Page No.# 8/9 (1) Respondent No. 12:- In this regard, it appears that the A/D card of the said respondent has been received bearing the full signature of a person, namely, "Rashid Al Faruque". However, it is not known how the recipient is related to the respondent No. 12.
In this context, the Hon'ble Privy Council in the case of Harihar Banerji v. Ramsashi Roy, 1918 SCC OnLine PC 58 held that where a notice was sent by registered post properly addressed there is a strong presumption that the notice was properly delivered in the usual course and this is not rebutted by the fact that the acknowledgment is signed by a person other than the addressee . In the present case, it appears from the A/D card and the office copy of the registered notice that the registered notice was properly addressed to the respondent No. 12. Thus, in the present case, even though the A/D card was signed by a person other than the addressee, the notice will be presumed to be served on the said respondent (respondent No. 12).
(2) Respondent Nos. 14 to 20, 22 to 25 & 27 to 31: - In this regard, it appears that the respective notices issued to the said respondents have been received un-served with the following postal remarks:-
(i) R14 & R31:- The respective notices have been received un-served with the postal remark "Addressee is left, Rt. To sender".
(ii) R15, R16, R17, R18, R29 & R30:- In this regard, it appears that a letter dated 15th of February, 2025, has been received from the office of the Principal, Gauhati Medical College, wherein, it has been stated that the names of the said respondents could not be find in their office record and concluded that the respondent Nos. 15, 16, 17, 18, 29 & 30 are not associated with their establishment. As such, the notices were returned un-served.
(iii) R19, R20 & R23:-The respective notices have been received un-served with the postal remark "Addressee is left without instructions, Rt. To sender".
(iv) R22:- The respective notices have been received un-served with the postal remark "Addressee can't located, hence Returned to sender".
(v) R24 & R25:- The respective notices have been received un-served with the postal remark "Insufficient address, Refused by JMCH Principal counter".
Page No.# 9/9
(vi) R27:- The respective notices have been received un-served with the postal remark "No such person, RTS".
(vii) R28:- The respective notices have been received un-served with the postal remark "Insufficient address, Refused/ Not known by JMC".
In view of the above, the petitioners are directed to obtain proper instructions regarding the addresses of the respondent Nos. 14 to 20, 22 to 25 & 27 to 31, within 7 (seven) days from the date of this order.
(3) Respondent Nos. 11, 13, 21 & 26: - In this regard, it appears that neither the A/D cards nor any un-served notices have been received by the concerned section as of yet. Further, in regard to postal track consignment details of the notice issued to the said respondents, the office note dated 25.02.2025 has stated that the " India Post" website is not responding since 24.02.2025. As such, the aforesaid track consignment reports could not be traced out.
In view of the above, it may be said that service in respect of the respondent Nos. 11, 13, 21 & 26 is awaited. Further, the concerned section is directed to take necessary steps for generating postal track consignment regarding the above mentioned notice issued to the respondent Nos. 11, 13, 21 & 26, within 7 (seven) days from the date of this order.
Further, it has been observed that instant matter has been fixed by the Hon'ble Court for listing 03.03.2025. As such, the matter is laid before the Hon'ble Court.
Deputy Registrar (Bench) Comparing Assistant