Gauhati High Court
WP(C)/2809/2024 of MANAB JYOTI GOGOI Vs THE STATE OF ASSAM AND 5 ORS on 27 April 2026
GAHC010107592024 2026:GAU-AS:5852 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2809/2024 MANAB JYOTI GOGOI S/O- BISHNU PD. GOGOI, R/O- VILLAGE MOINAPARA, P.S AND P.O- GHILAMARA, DIST- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS
GAHC010107592024
2026:GAU-AS:5852
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2809/2024
MANAB JYOTI GOGOI
S/O- BISHNU PD. GOGOI,
R/O- VILLAGE MOINAPARA,
P.S AND P.O- GHILAMARA,
DIST- LAKHIMPUR, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR, JANATA BHAWAN, GUWAHATI-6.
2:THE DIRECTOR OF MEDICAL EDUCATION
ASSAM
KHANAPARA
GUWAHATI
PIN-781022
3:THE PRINCIPAL
JORHAT MEDICAL COLLEGE
JORHAT
PIN-785001
ASSAM
4:SRIMANTA SANKARDEV UNIVERSITY OF HEALTH SCIENCES
REPRESENTED BY ITS ACADEMIC REGISTRAR
2ND FLOOR
GAUHATI MEDICAL COLLEGE BUILDING
GAUHATI MEDICAL COLLEGE
HILL TOP ROAD
NARAKASUR HILL TOP
BHANGAGARH
GUWAHATI- 781032
ASSAM
5:THE CONTROLLER OF EXAMINATION
SRIMANTA SANKARDEV UNIVERSITY OF HEALTH SCIENCES
2ND FLOOR
GAUHATI MEDICAL COLLEGE BUILDING
GAUHATI MEDICAL COLLEGE
HILL TOP ROAD
NARAKASUR HILL TOP
BHANGAGARH
GUWAHATI- 781032
ASSAM
6:NATIONAL MEDICAL COMMISSION
REP. BY ITS CHAIRMAN
POCKET-14
SECTOR-8
DWARKA PHASE-I
NEW DELHI-110077
UNDER GRADUATE MEDICAL EDUCATION BOARD
NATIONAL MEDICAL COMMISSION
POCKET-14
SECTOR-8
DWARKA PHASE-1
NEW DELHI-110077
Advocate for the Petitioner : MR. S K DAS, MR A I TALUKDAR,MR D BARMAN,MR R
KARIM
Advocate for the Respondent : SC, HEALTH, SC, SSUHS,SC, N M C
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
Date : 28.04.2026
Heard Mr. R. Karim, learned counsel for the petitioner. Also heard Mr. D. Upamainyu, learned Standing Counsel, Health Department for the respondent Nos. 1 to 5 and Mr. D. K. Baidya, learned Standing Counsel, NMC for the respondent No.6.
2. The petitioner by filing this writ petition has challenged the Communication dated 20.02.2024 (Annexure-4), by which he along with two other persons have been debarred to appear in any MBBS Examination as per the NMC Regulation. The said Communication was issued by the Controller Examinations, Srimanta Sankardeva University of Health Sciences to the Principal of Jorhat Medical College, Jorhat. The petitioner apparently is a medical student of Jorhat Medical College and by taking his date of admission as 03.07.2014 and also the relevant provisions of the Regulation on Graduate Medical Education (Amendment) 2019, the petitioner apparently is found to have completed 10(ten) years from the date of his joining the MBBS Course and therefore, he has been debarred in terms of Regulation 11.2.6 of the Amendment Regulation of 2019.
3. The learned counsel for the petitioner submits that the petitioner took admission in the Medical College for the MBBS Course on 03.07.2014 and at the relevant time, the Amendment Regulation of 2019 was not in existence. He submits that Regulation 2(i) of the Amendment Regulation clearly provides that the same does not cover the batch of students who were admitted to the MBBS Course up to the academic year 2018-19. In other words, the same is only applicable for those who took admission from the academic year 2019-20 onwards. He therefore submits that the impugned Communication dated 20.02.2024 cannot be sustained and the same should be set aside. He also submits that the two persons whose name appeared in the impugned letter also approached this Court by filing WP(C)/2447/2024 and WP(C)/2780/2024. Both the writ petitions have been allowed vide orders dated 14.05.2024 and 10.04.2025 respectively. He therefore submits a similar order may be passed in the instant case.
4. Mr. D. K. Baidya, learned Standing Counsel, NMC submits that it has been clarified as per the instructions received from the President of Under Graduate Medical Education Board that the petitioner belongs to the academic batch of 2014 and admittedly a batch prior to the year 2018-19 session. Therefore the cap of 10(ten) years to complete the MBBS Course will not be applicable to his case. Mr. D. Upamainyu, learned Standing Counsel, Health Department also endorses to the submission of Mr. D. K. Baidya, learned Standing Counsel, NMC.
5. Therefore upon considering the submissions made by the learned counsel for the parties and on perusal of the materials available on record, it is seen that the petitioner cannot be covered by the cap of 10(ten) years for completion of the MBBS Course as provided by Regulation 11.2.6 of the Amendment Regulation 2019 as he admittedly belongs to the sessions prior to 2019-2020. Accordingly, the impugned Communication dated 20.02.2024 insofar as the petitioner is concerned is found to be unsustainable and the same is set aside.
6. With the above observations and directions, the writ petition stands disposed of. No cost.
JUDGE Comparing Assistant