Contempt petition against non-compliance with order directing consideration of an admission appeal. Court dismissed the petition as infructuous since respondents had already complied by rejecting the appeal within the specified timeframe.
Contempt petition dismissed as infructuous; notice of contempt recalled.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010207732016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C) 576/2016
1:RUFSHANA YASMIN
D/O MD. RASIDUL HOQUE, R/O SONARPARA, P.O. and P.S. MANKACHAR, DIST- SOUTH SALMARA MANKACHAR, ASSAM
VERSUS
1:SAMIR KUMAR SINHA and ANR.
COMMISSIONER and SECY. TO THE GOVT. OF ASSAM, HEALTH AND F.W. DEPTT., DISPUR, GHY-6
2:DR. ANUP KUMAR BARMAN
DIRECTOR OF MEDICAL EDUCATION ASSAM SIX MILE KHANAPARA GHY-2
Advocate for the Petitioner : MRI HASSAN
Advocate for the Respondent : MR.D SAIKIAR-2
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
Date : 03-04-2018
Heard Mr. I Hassan, learned counsel for the petitioner and Mr. B. Gogoi, learned counsel for the respondent/contemnor Nos. 1 and 2.
This contempt petition relates to willful disobedience of this Court’s order dated 09.09.2016 passed in WP(C) 5474/2016.
Page No.# 2/2
By order dated 09.09.2016, passed in WP(C) 5474/2016, this Court directed the Senior Most Secretary, Health Department to the Government of Assam to consider and dispose of the appeal filed by the petitioner on 05.09.2016 in accordance with law within the time specified and till such order is passed, it was directed that one seat under the ‘char area quota’ in the first year MBBS course for the session 2016 shall not be filled up and to intimate the petitioner about the decision of the authority on her appeal.
Mr. B. Gogoi, learned counsel, appearing for the respondent/contemnor Nos. 1 and 2, has placed a copy of the order dated 02.04.2018 by which the Commissioner & Secretary to the Government of Assam, Health & Family Welfare Department, has disposed of the appeal of the petitioner filed on 05.09.2016 in compliance of the Court’s order dated 09.09.2016 passed in WP(C) 5474/2016, rejecting the appeal of the petitioner holding that the merit position of the petitioner was below the four selected candidates under the ‘char area quota’ for first year MBBS course and the said order dated 02.04.2018 reflects that the Director of Medical Education, Assam, in his detailed report dated 10.03.2018, submitted that the Deputy Commissioner concerned certified that the said four candidates selected under the ‘char area quota’ actually belong to ‘char village area’.
As noted above, the respondent has complied with the order dated 09.09.2016 passed in WP(C) 5474/2016, pursuant to which the Deputy Commissioner & Secretary to the Government of Assam, Health & Family Welfare Department on 02.04.2018 passed the necessary order. As such, nothing remains to adjudicate in this contempt petition as the respondents have already complied with the order of the Court dated 09.09.2016. Accordingly, this contempt petition, being infructuous, stands dismissed.
Notice of contempt issued to the respondents/contemnors on 06.10.2016 is hereby recalled.
A copy of the order dated 02.04.2018, issued by the Commissioner & Secretary to the Government of Assam, Health & Family Welfare Department, marked as Annexure-X be kept as a part of the record.
JUDGE
Comparing Assistant
Rufran Gesha Yasmin
Samir Kumar Sinha
Manash Ranjan Pathak
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
Judgements on the same questions, provisions and authorities, from every court
