Dismissed

Dr. Gaurav Kumar Gupta v. the State of Assam and 3 Ors.

Gauhati HC11 May 2022WA/342/2021

Case brief

AI extract

What is this about?

The Gauhati High Court dismissed the writ appeal against observations in a non-final order. The Court held that since the appeal was against an order during pending disposal, no finality was attained, and dismissed it with a direction to the Single Judge to dispose the matter expeditiously.

What did the court decide?

No special remedies granted; appeal dismissed and matter remanded to Single Judge for final disposal.

Dr. Gaurav Kumar Gupta Vs the State of Assam and 3 Ors. — Service and Employment | Gauhati HC (2022)

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GAHC010207252021

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

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Case No. : WA/342/2021

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DR. GAURAV KUMAR GUPTA

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S/O SHRI SHIV SHANKAR PRASAD GUPTA, R/O HOUSE NO. 4, CHAVIPUL, NEAR RAM JANAKI MANDIR, REHABARI, GUWAHATI-781008

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VERSUS

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THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT (B), DISPUR, GUWAHATI-781006 (ASSAM)

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2:THE DIRECTOR OF MEDICAL EDUCATION SIX MILE KHANAPARA GUWAHATI-781022 ASSAM

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3:THE PRINCIPAL GAUHATI MEDICAL COLLEGE AND HOSPITAL BHANGAGARH GUWAHATI-781032

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4:THE REGISTRAR SRIMANTA SANKARDEVA UNIVERSITY OF HEALTH SCIENCES NARKASUR HILLTOP GMC BUILDING 2ND FLOOR BHANGAGARH GUWAHATI-781032 ASSA

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Advocate for the Petitioner : MR A K MAHESWARI

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Advocate for the Respondent : SC, HEALTH AND F W

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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 : 11-05-2022 [MR. N. Kotiswar Singh, CJ (Acting)]

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1. Heard Mr. A. K. Maheswari, learned counsel for the appellant. Also heard Mr. D. Saikia, learned Advocate General, Assam assisted by Mr. B. Gogoi, learned standing counsel for the Health Department.

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2. The present appeal has been preferred against the order dated 27.10.2021, being aggrieved by certain observations made by the learned Single Judge in the order dated 27.10.2021 which according to him would have the effect of prejudicing his final relief being claimed, though the petition is still pending final disposal. In another words, this appeal is not preferred against any final order of the learned Single Judge. In this regard, the learned counsel for the appellant has drawn attention to the Paragraph Nos. 8, 9 and 10 of the impugned order, which according to him certain adverse findings.

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3. The learned Advocate General, Assam submits that the matter is yet to be finally decided and the matter was already fixed for further hearing on 04.01.2022 and there was no necessity to rush to the Appellate forum as the matter could be sorted at the time of final hearing.

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4. Having noted that the matter is still pending before the learned Single Judge and no final order has been passed, we request the learned Single

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Judge to dispose of the matter as expeditiously as possible.

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5. Since, the order challenged is not a final order, in our view, it cannot be said that any observation made has attained finality as any observation or finding will ultimately merge with the final order.

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6. Since the matter is remanded to the learned Single Judge, the appellant is at liberty to raise this issue as regards any findings which according to the petitioner is final and prejudicial and the learned Single Judge will consider the same and pass appropriate order in that regard after hearing all the parties.

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7. The Writ Appeal is accordingly disposed of with the above observations.

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JUDGE CHIEF JUSTICE (ACTING)

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Comparing Assistant

Dr. Gaurav Kumar Gupta v. the State of Assam and 3 Ors.

Case brief

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What did the court decide?

Dr. Gaurav Kumar Gupta v. the State of Assam and 3 Ors.

Case brief

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What did the court decide?

What the court decided

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