Gauhati High Court
Dr. Abhijit Neog vs Union Of India And 10 Ors on 29 January, 2026
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GAHC010086642023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL/34/2023
DR. ABHIJIT NEOG
S/O- LATE D. P. NEOG AGED ABOUT 57 YEARS, R/O- HOUSE NO. 15, BYE-
LANE NO. 7, SUB-LANE 2, LACHIT NAGAR, GUWAHATI-781007.
VERSUS
1.UNION OF INDIA AND 10 ORS
REPRESENTED BY THE SECRETARY, MINISTRY OF HEALTH AND FAMILY
WELFARE, GOVERNMENT OF INDIA, NIRMAN BHAWAN, NEW DELHI
110011.
2:THE NATIONAL MEDICAL COMMISSION
POCKET-14 SECTOR-8 DWARKA PHASE-1 NEW DELHI-110077
REPRESENTED BY ITS CHAIRMAN.
3:THE SECRETARY
MINISTRY OF AYUSH GOVERNMENT OF INDIA AYUSH BHAWAN B BLOCK
GPO COMPLEX INA NEW DELHI 110023.
4:THE STATE OF ASSAM
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT
OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR
GUWAHATI-6.
5:THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM
DISPUR SECRETARIAT COMPLEX GUWAHATI-6.
6:THE DIRECTOR OF HEALTH SERVICE
HEALTH AND FAMILY WELFARE DEPARTMENT GOVERNMENT OF ASSAM
HENGRABARI GUWAHATI ASSAM 781036
7:THE DIRECTOR OF MEDICAL EDUCATION
HEALTH AND FAMILY WELFARE DEPARTMENT GOVERNMENT OF ASSAM
KHANAPARA SIX MILE GUWAHATI ASSAM-781022.
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8:THE COMMISSIONER AND SECRETARY
MEDICAL EDUCATION AND RESEARCH DEPARTMENT GOVERNMENT OF
ASSAM DISPUR GUWAHATI-6.
9:THE ASSAM COUNCIL OF MEDICAL REGISTARTION
SIX MILE KHANAPARA GUWAHATI-781022 REPRESENTED BY ITS
REGISTRAR.
10:THE DIRECTOR OF AYUSH ASSAM
ASSAM 3RD FLOOR SAIKIA COMMERCIAL COMPLEX
SHREE NAGAR PATH CHRISTIAN BASTIGUWAHATI-05.
11:THE HOME AND POLITICAL DEPARTMENT
GOVT. OF ASSAM REPRESENTED BY ITS PRINCIPAL SECRETARY
GOVT. OF ASSAM DISPUR GUWAHATI-6.
For the Petitioner(s) : Mr. I. Chowdhury, Senior Advocate assisted by Mr. S.
Biswakarma, Advocate.
For the Respondent(s) : Mr. R.K.D. Choudhury, Deputy Solicitor General of India.
: Mr. B. Gogoi, Additional Advocate General, Assam.
-B E F O R E -
HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY 29.01.2026 (Ashutosh Kumar, CJ) On 20.08.2025, this Court had directed the petitioner to file an affidavit to bring on record the steps taken by the Anti-quackery and Vigilance Cell of the Assam Council of Medical Registration and had also asked him to make suggestions for identifying quacks in the State of Assam.
The afore-noted affidavit, as asked for, has been filed and is on record.
Mr. I. Chowdhury, learned Senior Advocate for the petitioner Page No.# 3/4 submits that after his appointment as Anti-quackery and Vigilance Officer, Assam Council of Medical Registration, the Anti-quackery and Vigilance Cell has identified as many as 47 such quacks. FIR has also been lodged against most of the identified quacks. Some of them have been arrested as well.
The Anti-quackery Units constituted in all the districts are also operating under the supervision of the Director of Health Services, Assam, about which the petitioner has no clear idea.
Mr. Chowdhury has flagged a few suggestions for controlling quackery in the State of Assam.
These suggestions include creation of a Central Monitoring and Coordinating Committee for overseeing the functioning of the various Quackery Units in the districts. Suggestions have also been made for the composition of such Central Monitoring and Coordinating Committee.
It would be better, it has been suggested, if the Committee, referred to above, would include Director of Health Services, the Registrar of the Assam Council of Medical Registration, Registrar of the State Council of Indian Medicines (SCIM), or any Officer deputed by the Directorate of Ayush, Assam, a Police Officer and if possible, few representatives of the recognized bodies of Medical Professionals, like Indian Medical Association (IMA) and some Law Officers as well.
Other suggestions are allotment of a toll free Helpline Number for reporting the presence of quacks; creation of an online database of doctors registered with the Assam Council of Medical Registration and creation of another Anti-quackery Cell under the Home and Political Page No.# 4/4 Department modeled on the lines of Cyber Crime Cell, Narcotic Cell, Vigilance & A.C. Wing, Women and Child Helpline Cell etc. with specially trained officers.
Mr. B. Gogoi, learned Additional Advocate General, Assam has submitted that though all efforts have been made to control quackery in the State of Assam but the suggestions given by the petitioner would be considered and if necessary, incorporated in the measures which are being undertaken by the State towards that goal of controlling quackery in the State of Assam.
He has further submitted that he would find out the sequel action in cases of such quacks after their release on bail reneging to the old practice of quackery.
He further submits that the possibility of a statutory framework for controlling quackery also would be contemplated at the level of Government and if it happens, it shall be communicated to this Bench forthwith. Even otherwise, with these measures and incorporated suggestions in place, the menace would be curbed to a large extent, whereafter this petition could be closed.
For the final response of the Government with respect to the suggestions made in the affidavit filed by the petitioner, the case is adjourned to 12.03.2026.
JUDGE CHIEF JUSTICE Comparing Assistant