WP(C)/3460/2026 of MINSHRI GOGOI AND ANR Vs THE STATE OF ASSAM AND 4 ORS on 14 September 2026

ORDER

Date : 15.09.2026

Heard Mr. A. M. S. Mazumder, learned counsel for the petitioners and Mr. P. Jha, learned counsel appearing on behalf of Mr. D. P. Borah, learned Standing Counsel, Health & Family Welfare Department. [2.] Having regard to the submissions made and the grievance projected by the petitioners, the writ petition is taken up for disposal. [3.] It is the case of the petitioners that they are Rural Health Practitioners under the erstwhile Assam Rural Health Regulatory Authority Act, 2004 (Act of 2004). The Act of 2004 was struck down by this Court and later on, upheld by the Hon’ble Apex Court. Subsequently, the Assam Community Health Professionals (Registration and Competency) Act, 2015 was enacted by the State Government and the constitutional validity of the same Act was challenged before the Hon’ble Apex Court. [4.] The Hon’ble Apex Court vide Judgment & Order dated 24.01.2023 passed in Civil Appeal No. 32592-32593 of 2015, while upholding the Judgment & Order dated 30.10.2014 passed by the Division Bench of this Court striking out the Act of 2004 has held the Act of 2015 to be constitutionally valid. While doing so, the Hon’ble Apex Court had given several directions which, however, was not complied with and, as a result, a group of Rural Health Practitioners, now re- nomenclature as Community Health Professionals under the Act of 2015, approached this Court by filing WP(C) No. 2581 of 2024, which was disposed of vide Judgment & Order dated 29.05.2026 with certain directions in paragraph Nos. 88 & 89 of the said Judgment. [5.] The directions contained in paragraph Nos. 88 and 89 are abstracted hereunder for ready perusal:- “88. The State will therefore expedite the process for the recommendations sought for from the committee which was already constituted and which had undertaken several meetings and thereafter lay down such criteria and modalities and requirements as may be deemed necessary so that the Rural Health Practitioners/Community Health Practitioners are permitted to undertake their responsibilities as was envisaged under the erstwhile Act of 2004 and the status of which has been duly considered and taken note of by the Apex Court in the judgment and order dated 24.01.2023 passed in SLP(C) No.32592-32593 of 2015, more particularly in terms of the directions at paragraph 25(iv). In the event of any of the constituent Committee members are required to be renotified, the State Health Department will accordingly take such steps and issue such notifications without further delay. Once these recommendations are laid down, they shall be submitted through the appropriate department and laid before the concerned appropriate authority in the State, so that the directions of the Apex Court in the said judgment and order dated 24.01.2023 passed in SLP(C) No.32592- 32593 of 2015 are complied with expeditiously and without further delay. It is also made clear that the recommendations will also work out a separate cadre for the Rural Health Practitioners/Community Health Professionals with complete particulars in respect of their pay, the grade, the health benefits, all service benefits with avenues for due promotion where required.

89. Let the constituted Committee consider the matter in its entirety and submit its set of recommendations within a period of 90 days from the date of receipt of certified copy of this order. The State will thereafter, consider the recommendations and pass appropriate orders for its implementation to ensure that the findings of the Apex Court in the judgment and order dated 24.01.2023 passed in SLP(C) No.32592-32593 of 2015 more particularly, those in paragraph No. 25(iv) are given effect to.” [6.] The learned counsel for the petitioners in the present case submits that the petitioners are also similarly situated like the petitioners in WP(C) No. 2581 of 2024 and he, therefore, prays for a similar direction. [7.] The learned counsel appearing on behalf of the Standing Counsel, Health & Family Welfare Department has no objection to the prayer so made. [8.] In view of above, the writ petition is closed in terms of the Judgment & Order dated 29.05.2026 passed in WP(C) No. 2581 of 2024 (Bikram Pathak & 608 Ors. v. State of Assam & 4 Ors.), more particularly in terms of the paragraph Nos. 88 & 89 as already abstracted here-in-above. [9.] The writ petition accordingly stands disposed of. JUDGE Comparing Assistant