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2014 Supreme(Gau) 122

B.K.SHARMA
TOLARAM BAFNA ARTIFICIAL LIMB & CALIPER CENTRE – Appellant
Versus
STATE OF ASSAM – Respondent


Advocates Appeared:
For the petitioners: Mr. A.K. Bhattacharjee, Sr. Adv. Mr. N. Deka, Adv.
For the Respondents: Mr. D. Saikia, AAG, Assam. Mr. D. Das, Sr. Adv. Mr. S. Saikia, Adv. Mr. N. Gogoi, Adv.

JUDGEMENT AND ORDER (CAV)

The challenge in the writ petition is the Annexure-XIII Request for Proposal (RFP) dated 03/02/2012 followed by the Memorandum of Understanding dated 11/06/2012 entered into between the Government of Assam in the Health and Family Welfare Department headed by the Mission Director, National Rural Health Mission (hereinafter referred to as NRHM), Assam and the respondent No.4 Narayan Hrudayalaya, a private limited Company, as according to the petitioners such a course of action adopted by the respondents is contrary to the earlier promise made out to them in respect of running of the particular hospital, namely, Tolaram Subhkaran Bafna District Hospital.

SEQUENCE OF EVENTS :

2. The petitioners numbering 3 are charitable trust registered under the Societies Registration Act, 1860 and are represented by their Chairman and Managing Trustee. They have filed the writ petition challenging the action of the Government of Assam in the Health Department in entering into a Memorandum of Understanding (MOU) dated 11/06/2012 with the respondent No. 4 for setting up a Super Specialty Hospital and handing over the Tolaram Bafna District Civil Hospital for the purpose.

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