Disposed

Dr. Hminthansanga and 4 Ors. v. State of Mizoram and 5 Ors.

Gauhati HC15 Jun 2022I.A.(Civil)/410/2022

Case brief

AI extract

What is this about?

In this appeal against a Single Judge order, the High Court held that a writ petition challenging the denial of Post-Graduate sponsorship based on an Office Memorandum became infructuous when the Government of Mizoram withdrew the said Memorandum and prescribed new eligibility criteria including ZMC candidates.

What did the court decide?

The writ appeal stands closed as infructuous; the connected Interlocutory Application also stands closed.

Dr. Hminthansanga and 4 Ors. Vs State of… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010022162022

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

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Case No. : I.A.(Civil)/410/2022

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DR. HMINTHANSANGA AND 4 ORS.

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S/O C. BEILAI (L), R/O NEW SAIHA, MIZORAM, DESIGNATION- MEDICAL OFFICER AT PHURA PHC

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2: DR. H. THANGLIANA

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S/O LALRINCHHANI R/O CHHINGA VENG, AIZAWAL

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DESIGNATION- MO AT CHAWNGTE CHC

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3: DR. C. LALNUNPUIA

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S/O C. ROLIANCHHUNGA R/O ELECTRIC VENG

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AIZAWL, DESIGNATION- MO AT KAWNPUI PHC

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4: DR. ROBERT ZIRSANGSELA THANGLUAH S/O LALTHANGVUNGA R/O HERMON STREET ELECTRIC VENG

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AIZAWL, DESIGNATION- MO AT CHHIPPHIR

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5: DR. C. LALRINCHHANA S/O CR NGHINGLOVA R/O ARMED VENG AIZAWL, DESIGNATION-MO AT CIVIL HOSPITAL AIZAWL

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VERSUS

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STATE OF MIZORAM AND 5 ORS.

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REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF MIZORAM

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2:THE SECRETARY

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HEALTH AND FAMILY WELFARE DEPARTMENT

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GOVERNMENT OF MIZORAM

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3:THE PRINCIPAL DIRECTOR HEALTH AND FAMILY WELFARE DEPARTMENT GOVERNMENT OF MIZORAM

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4:THE DIRECTOR DIRECTORATE OF HOSPITAL AND MEDICAL EDUCATION HEALTH AND FAMILY WELFARE DEPARTMENT GOVERNMENT OF MIZORAM

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5:THE DIRECTOR REGIONAL INSTITUTE OF MEDICAL SCIENCE LAMPHELPAT IMPHAL-795004 MANIPUR 6:DR. ZORAMTHARA S/O LALTHANGLIANI R/O B-14/A, CID COMPLEX BUNGKAWN DESIGNATION-DEMONSTRATOR ZORAM MEDICAL COLLEGE FALKAWN 7:DR. LALMUANKIMA TLAU S/O DR. ST LALRUATFELA R/O A-22 DEMONSTRATOR ZORAM MEDICAL COLLEGE FALKAWN

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8:DR. LALTHLAMUANA RALTE S/O LALTHANTLUANGA COLNEY G-49, MC DONALD HILL R/O CHANMARI AIZAWL DESIGNATION-DEMONSTRATOR ZORAM MEDICAL COLLEGE, FALKAW

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Advocate for the Petitioner : MR. P D NAIR Advocate for the Respondent : GA, MIZORAM

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Linked Case : WA/330/2021 DR. HMINTHANSANGA AND 4 ORS. S/O C. BEILAI (L) R/O NEW SAIHA MIZORAM DESIGNATION- MEDICAL OFFICER AT PHURA PHC 2: DR. H. THANGLIANA S/O LALRINCHHANI R/O CHHINGA VENG AIZAWAL DESIGNATION- MO AT CHAWNGTE CHC 3: DR. C. LALNUNPUIA S/O C. ROLIANCHHUNGA R/O ELECTRIC VENG AIZAWL DESIGNATION- MO AT KAWNPUI PHC 4: DR. ROBERT ZIRSANGSELA THANGLUAH S/O LALTHANGVUNGA R/O HERMON STREET ELECTRIC VENG AIZAWL DESIGNATION- MO AT CHHIPPHIR 5: DR. C. LALRINCHHANA S/O CR NGHINGLOVA R/O ARMED VENG AIZAWL DESIGNATION-MO AT CIVIL HOSPITAL AIZAWL VERSUS STATE OF MIZORAM AND 7 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF MIZORAM 2:THE SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT GOVERNMENT OF MIZORAM 3:THE PRINCIPAL DIRECTOR HEALTH AND FAMILY WELFARE DEPARTMENT GOVERNMENT OF MIZORAM 4:THE DIRECTOR DIRECTORATE OF HOSPITAL AND MEDICAL EDUCATION

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HEALTH AND FAMILY WELFARE DEPARTMENT GOVERNMENT OF MIZORAM 5:THE DIRECTOR REGIONAL INSTITUTE OF MEDICAL SCIENCE LAMPHELPAT IMPHAL-795004 MANIPUR 6:DR. ZORAMTHARA S/O LALTHANGLIANI R/O B-14/A CID COMPLEX BUNGKAWN DESIGNATION-DEMONSTRATOR ZORAM MEDICAL COLLEGE FALKAWN 7:DR. LALMUANKIMA TLAU S/O DR. ST LALRUATFELA R/O A-22 DEMONSTRATOR ZORAM MEDICAL COLLEGE FALKAWN 8:DR. LALTHLAMUANA RALTE S/O LALTHANTLUANGA COLNEY G-49 MC DONALD HILL R/O CHANMARI AIZAWL DESIGNATION-DEMONSTRATOR ZORAM MEDICAL COLLEGE FALKAWN -----------Advocate for : MR T LALZEKIMA Advocate for : GA MIZORAM appearing for STATE OF MIZORAM AND 7 ORS.

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BEFORE

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HON'BLE THE CHIEF JUSTICE(ACTING) HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 15-06-2022

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[N. Kotiswar Singh, C.J. (Acting)]

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Heard Mr. G. Alam, learned counsel appearing for the writ appellants. Also heard

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Mr. D. Das, learned Advocate General, Mizoram, assisted by Ms. S. Sarma, learned counsel, appearing for respondent nos. 1, 2, 3, 4 and 5.

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This writ appeal has been preferred by the appellants against the judgement and order dated 20.04.2021, passed in WP(C) 56/2020, by which the learned Single Judge has declined to accept the plea of the writ petitioners (present writ appellants) that the candidates serving in Zoram Medical College (ZMC), Mizoram, may not be sponsored for undergoing post-graduate courses in the Regional Institute of Medical Science (in short, “RIMS”), Imphal, Manipur, inasmuch as the said ZMC is not a government institution but an institution run and managed by a government society. Being aggrieved by the said rejection by the impugned judgment and order, the appellants have preferred this appeal.

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The plea of the writ petitioners was based on an Office Memorandum dated 24.02.2011, issued by the Government of Mizoram, Health & Family Welfare Department, which specifically provides for sponsorship for undergoing post-graduate courses in RIMS for the in-service candidate of a government institution and since ZMC cannot be treated to be a government college, the doctors working in the ZMC cannot be considered for sponsorship for undergoing post-graduate courses in RIMS, Imphal, Manipur, in terms of the aforesaid Office Memorandum 24.02.2011.

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Today, when this matter is taken up by this Court, this Court has been apprised by Mr. S. Sarma, learned counsel appearing for the State respondents that the Office Memorandum dated 24.02.2011 has been withdrawn by the Government of Mizoram vide a notification dated 04.05.2021 (Annexure-1 to the Interlocutory Application), issued by the Under Secretary to the Government of Mizoram, Health & Family Welfare Department. Drawing attention of this Court to the affidavit-in-opposition filed by the State respondents on 28.03.2022, which is annexed to the connected Interlocutory Application [I.A. (Civil) 410/2022], the learned counsel for the State respondents further submits that with the revocation of the Office Memorandum dated 24.02.2021,

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new eligibility criteria have been prescribed by the Government of Mizoram and, under the new eligibility criteria all candidates who are in regular service in any government organization, autonomous or otherwise, are also eligible for State sponsored scholarships for pursuing post-graduation courses and, accordingly, the candidates from the ZMC are also now eligible under the new guidelines.

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In view of the above submission of the learned counsel for the State respondents, it is submitted by the learned counsel for the writ appellants that since the Office Memorandum dated 24.02.2021, which was the basis for filing the writ petition, has been revoked, the writ appeal has become virtually infructuous.

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In view of the above submissions made, we are also of the opinion that nothing survives for adjudication in this appeal and, accordingly, the writ appeal stands closed as infructuous.

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The connected Interlocutory Application [I.A. (Civil) 410/2022] also stands closed accordingly.

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JUDGE CHIEF JUSTICE (ACTING)

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Comparing Assistant

Dr. Hminthansanga and 4 Ors. v. State of Mizoram and 5 Ors.

Case brief

What is this about?

What did the court decide?

Dr. Hminthansanga and 4 Ors. v. State of Mizoram and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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