Applicant sought amendment of writ petition WP(C) No. 8395/2022 to add pleadings and annexures concerning an appeal disposed by the Commissioner, Medical Education and Research Department on 03.04.2023. Respondents raised no objection; amendment permitted per paragraphs 9(i) to 9(vii) of the I.A.
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GAHC010266002022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Civil)/1974/2024
DR. NABIN CHANDRA BARUAH S/O LATE SHASHIDHAR BARUAH R/O CHENGLIJAN PATH VILL-BARPATHAR KONOWAR GAON (PART-2) P.O.-BEHEATING TINIALI P.S.-BARBARUAH DIST-DIBRUGARH PIN-786004 ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPT
2:SPECIAL SECRETARY TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPT. ASSAM 3:COMMISSIONER AND SECRETARY TOTHE GOVT. OF ASSAM MEDICAL EDUCATION AND RESEARCH DEPARTMENT ASSAM 4:DIRECTOR OF MEDICAL EDUCATION ASSAM SIX MILE KHANAPARA GUWAHATI-22 5:INQUIRY OFFICER CUM JOINT SECRETARY TO THE GOVT. OF ASSAM MEDICAL EDUCATION AND RESEARCH DEPARTMENT -----------Advocate for : MR. S P CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND 4 ORS.
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Linked Case : WP(C)/8395/2022
DR. NABIN CHANDRA BARUAH S/O LATE SHASHIDHAR BARUAH, R/O CHENGLIJAN PATH, VILLBARPATHAR KONOWAR GAON (PART-2), P.O.-BEHEATING TINIALI, P.S.BARBARUAH, DIST-DIBRUGARH, PIN-786004, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPT
2:SPECIAL SECRETARY TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPT. ASSAM
3:COMMISSIONER AND SECRETARY TOTHE GOVT. OF ASSAM MEDICAL EDUCATION AND RESEARCH DEPARTMENT ASSAM
4:DIRECTOR OF MEDICAL EDUCATION ASSAM SIX MILE KHANAPARA GUWAHATI-22
5:INQUIRY OFFICER CUM JOINT SECRETARY TO THE GOVT. OF ASSAM MEDICAL EDUCATION AND RESEARCH DEPARTMEN
Advocate for the Petitioner : MR. S P CHOUDHURY Advocate for the Respondent : SC, HEALTH
BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER
Date : 15.07.2024
1. Heard Mr. S.P. Choudhury, learned counsel appearing for the applicant and also heard Ms. I. Das, learned counsel appearing on behalf Mr. D. Upamanyu,
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learned standing counsel, Health Department.
2. By this application, the applicant is praying for amendment of WP(C) No. 8395/2022 on the ground that after filing of the writ petition, the applicant has filed an appeal before the respondent No. 3, Commissioner & Secretary to the Government of Assam, Medical Education and Research Department, which was disposed of on 03.04.2023. The applicant, therefore, prays for amendment of the writ petition by annexing copies as well as incorporating certain pleading in WP(C) No. 8395/2022.
3. Ms. I. Das, learned counsel appearing on behalf of Mr. D. Upamanyu, Health Department, has no objections with regard to the amendment sought by the applicant.
4. This Court has also considered the cause shown in the present application and is satisfied.
5. Accordingly, the applicant is permitted to amend the WP(C) No. 8395/2022 strictly in terms of proposal made in paragraph Nos. 9(i) to 9(vii) of the present I.A.
6. The present I.A. is, accordingly, disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Should WP(C) No. 8395/2022 be amended to incorporate pleadings and annexures relating to an appeal disposed of on 03.04.2023?
Dr. Nabin Chandra Baruah
The State of Assam
Special Secretary to the Govt. of Assam Health and Family Welfare Dept.
Commissioner and Secretary to the Govt. of Assam Medical Education and Research Department
Director of Medical Education Assam
Inquiry Officer cum Joint Secretary to the Govt. of Assam Medical Education and Research Department
Lanusungkum Jamir
As recorded by the court registry
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