GAHC010142212025 2026:GAU-AS:1848 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/4411/2025 DIP KUMAR MEDHI S/O- LATE TANKESWAR MEDHI, PERMANENT RESIDENT OF KUSHAL NAGAR, P.O. HAIBARGAON, P.S. SADAR NAGAON, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM, MEDICAL EDUCATION AND RESEARCH DEPARTMENT, SACHIVALAYA, DISPUR, GUWAHATI-781006, ASSAM 2:THE JOINT SECRETARY TO THE GOVT. OF ASSAM MEDICAL EDUCATION AND RESEARCH DEPARTMENT SACHIVALAYA ASSAM-CUM INQUIRY OFFICER DISPUR GUWAHATI-781006. 3:THE REGISTRAR SRIMANTA SANKARDEVA UNIVERSITY OF HEALTH SCIENCES NARAKASUR HILLTOP BHANGAGARH GUWAHATI-781032.

4:THE CONTROLLER OF EXAMINATION SRIMANTA SANKARDEVA UNIVERSITY OF HEALTH SCIENCES NARAKASUR HILLTOP BHANGAGARH GHY-781032.

5:DEBESWAR BORA S/O- LATE TULSHI RAM BORA R/O- K.K. BHATTA ROAD CHENIKUTHI P.S. CHANDMARI GHY-781003 DIST. KAMRUP(M)

ASSAM

6:PULIN KUMAR PEGU READER (UNDER SUSPENSION) OF SWAHID JADAV NATH HOMEOPATHIC MEDICAL COLLEGE AND HOSPIPTAL PANJABARI GUWAHATI SON OF LATE AMULYA PEGU PERMANENT RESIDENT OF CHIRAM DEVATTOR P.O. MUDOIBILL P.S. JENGRAIMUKH DIST. MAJULI ASSAM PIN- 785105 AND PRESENTLY RESIDING AT HOUSE NO. 9 PRAGATI PATH HOMEOPATHIC COLLEGE ROAD P.O. BAGHARBORI PANJABARI GUWAHATI-781037 DIST. KAMRUP METRO ASSAM

7:BISHNUJYOTI DOLEY S/O- MANIRAM DOLEY PERMANENT RESIDENT OF MIGOM DOLUNG LAKHI NEPALI CT P.S. JONAI PIN- 787060 DIST. DHEMAJI ASSAM

8:SANJIB SHARMA READER OF SWAHID JADAV NATH HOMEOPATHIC MEDICAL COLLEGE AND HOSPITAL PANJABARI GUWAHATI-781037 SON OF LAKHI KANTA SHARMA R/O- NATH NIWAS FLAT NO. 203

2ND FLOOR BLOCK-A ARUNAV PATH LAKHIMINAGAR GUWAHATI-781006.

9:THE OFFICER-IN-CHARGE DISPUR POLICE STATION DISPUR GUWAHATI-781006 KAMRUP METRO ASSA Advocate for the Petitioner : MR. B D GOSWAMI, MR. J M GOGOI Advocate for the Respondent : SC, HEALTH, MR. U S BORA(R-7),MR S BORTHAKUR(R-7),MR.

A. GAYAN (R5),MR. P K MUNIR (R5),MR N M HAZARIKA (R-8),KAKU GOGOI(R-6),A GOSWAMI (R-6),MR. P P BORTHAKUR(R-6),MR S BORTHAKUR (R-7),MR. U S BORA (R-7)

BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 09-02-2026 Heard Mr. B.D. Goswami, learned counsel for the petitioner. Also heard Mr. B.

Gogoi, learned Addl. AG, Assam appearing for the respondent Nos. 1 to 4, Mr. K. Gogoi, learned counsel representing respondent No. 6, Ms. U.S. Bora, learned counsel appearing for the respondent No. 7 and Mr. N.M. Hazarika, learned counsel representing respondent No. 8.

2. As consented to by the learned counsel for the parties, the present writ petition is being taken up for final consideration and is being disposed of by the present order.

3. The petitioner in the present proceeding has presented a challenge to a notification dated 05-05-2025 issued by the Commissioner & Secretary to the Govt. of Assam, Medical Education & Research Department, placing the petitioner under suspension by invoking the provision of Rule 6(1) of the Assam Services (Discipline & Appeal) Rules, 1964. The challenge is primarily on the ground of the prolonged suspension ensuing in pursuance to the issuance of the said notification dated 05-05-2025.

4. The facts in brief requisite for adjudication of the issues arising in the present proceeding is noticed as under:-

The petitioner while functioning as the Principal of the Swahid Jadav Nath Homeopathic Medical College & Hospital, Panjabari, Guwahjati, basing on an allegation of he being involved in allowing a student of the college to bring mobile phone into the examination hall on 23-07-2024 and that the student concerned adopting unfair means, including usage of the said mobile phone in the examination hall, the petitioner came to be placed under suspension vide notification dated 05-05-2025. It was also projected in the said notification dated 05-05-2025, that the statement of the student concerned had revealed that the petitioner had accepted bribe from him, for allowing him to adopt unfair