The Gauhati High Court disposed of a Public Interest Litigation (PIL) filed seeking direction to the state government to consider and dispose of the representation submitted by the petitioners ordering appropriate enquiry and taking action regarding misappropriation of public funds allocated to Asimganj Gaon Panchayat in Karimganj District.

The petitioners have alleged that before approaching the High Court, they submitted a detailed representation to the Principal Secretary to the Government of Assam, Panchayat & Rural Development Department on 20.03.2023 but till date, no response has been forthcoming to the said representation.

In view of the submissions advanced at bar and considering the nature of allegations set out in the petition, the Division Bench of Chief Justice Sandeep Mehta and Justice Devashis Baruah directed that the petitioners may submit a copy of the petition and the annexures appended thereto along with a certified copy of this order to the Principal Secretary to the Government of Assam, Panchayat & Rural Development Department within next three weeks. Thereupon, the Principal Secretary will treat the petition of the petitioners to be a representation and shall objectively examine and dispose of the same by a reasoned order within a period of four months from the date of submission thereof.

The petitioners may also, if so desired, submit a representation to the Special Vigilance Cell constituted under the Office of the Chief Minister, Assam. Such representation shall objectively be considered and disposed of by a speaking order , the Court further directed.

“Needless to say that in case, the allegations made by the petitioners are found substantiated, appropriate action shall be taken. If the petitioners are dissatisfied with the outcome of the consideration so made, they shall be at liberty to approach the appropriate forum for ventilating their grievances”, the order read.

The Gauhati High Court has directed the respondent authorities to expedite the process of establishing the proposed medical college & hospital at District  Karimganj and complete the same as early as possible. 

The Division Bench of Justice Rashmin Manharbhai Chhaya and Justice Soumitra Saikia disposed of a PIL filed by one Hifzur Rahman Choudhury, praying for the following reliefs: 

(i) To issue show cause as to why the proposed medical college has not been set up even after elapsing numerous years; 
(ii) To issue a writ, order or direction directing the respondents to submit up-to-date status report containing the details development made out in respect of setting up medical college before this High  Court; 
(iii) To issue a writ, order or direction in nature of mandamus, directing the respondents  to take appropriate steps to set up medical college & hospital in the district of Karimganj within a time frame; 
(iv) To direct the Deputy Commissioner , District  Karimganj  to  proceed with a letter dated 06.08.2021issued by the Principal Secretary (Assam)  in respect of identification of land as per direction stipulated in the letter in immediate manner; 
(v) To issue any other appropriate writ, order or direction which the Court deems fit, proper in the interest of justice. 
(vi) The cost of the writ petition may also be awarded in favour of the petitioner. 
It is contended by the  petitioner-in-person that even though medical colleges are being set up by the State Government at various other places of Assam,medical college & hospital is not being set up in Karimganj District. 

The petitioner reiterated that even after the order dated 23.11.2020, passed by theCoordinate Bench of the High  Court in an earlier Public Interest Litigation, the petitioner had approached the authorities concerned by filing representation dated 01.12.2020. However, nothing has been done by the respondent authorities in this regard. Referring to the Medical Council of India, Establishment of Medical College Regulations, 1999, it was contended by the  petitioner that no progress has been made towards establishment of a medical college in the District of Karimganj. It is, therefore, contended by the  petitioner that the PIL be allowed.  

D. Saikia, Advocate General, Assam, submitted that as a matter of policy the State Government is to establish medical college & hospital at various places in the State of Assam in a phase manner and, as per the said policy the State ofAssam decided to set up a medical college & hospital in the District of Karimganj. 
Drawing to the Court”s  attention to a written communication dated 02.04.2022, received by him from the Joint Secretary to the Government of Assam, Health & Family Welfare  Department, it was further submitted by the Advocate General that the finance Minister has also made provisions in the budget for the financial year 2022-2023 for establishment of a medical college at Karimganj, in Assam, and identification of land for setting up the medical college is also under process.  AdvocateGeneral further submitted that in view of the aforesaid steps taken by the StateGovernment, the grievance ventilated by the petitioner in this PIL is almost redressed.

Having considered the pleadings on record and considering the submissions made by the parties and in view of the earlier order dated 23.11.2020, passed by theCoordinate Bench of the High  Court in  PIL , the Court noted  that the State ofAssam has taken a conscious decision to establish a medical college & hospital atKarimganj. 

As far as the time taken for the same is concerned, the Bench  hoped and trusted that the State Government shall expedite the process of establishing the proposed medical college & hospital at Karimganj. From the communication dated 02.04.2022 it appears that the State Government has already undertaken the process of identification of land for setting up the medical college & hospital at Karimganj. 

“It is, no doubt, true that establishing medical college & hospital would come within the realm of state government policy. However, as the respondent authorities themselves have declared that the process of establishing a medical college & hospital at Karimganj is on, wedeem it feet to direct the respondent authorities to expedite the process of establishing the proposed medical college & hospital at Karimganj and complete same as early as possible”, the order reads.