Gauhati High Court
Page No.# 1/26 vs The State Of Assam And Ors on 1 August, 2025
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/26
GAHC010151722025
2025:GAU-AS:10023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3929/2025
NAYAN SHARMA AND ORS
S/o - GYAN PRASAD SHARMA R/O - VILL 2 NO. CHITALMARI P.O. -
CHITALMARI P.S. - DHEKIAJULI District - SONITPUR Assam, Pin - 784110 TET
Roll No. - 506211
2: TARMITA NARZARY
D/o - BISHNU NARZARY R/O - VILL BORDONDI P.O. - RAMDHAN DIKHARI
P.S. - SIMEN CHAPORI District - DHEMAJI Assam
Pin - 787060 TET Roll No. - 504858
3: KRISLIN KUMBANG
D/o - JIBARAM KUMBANG R/O - NEPALI BASTI
MIGOM DOLUNG
JONAI P.O. - JONAI P.S. - JONAI District - DHEMAJI Assam
Pin - 787060 TET Roll No. - 508016
4: PURABI DEVI
D/o - BIPIN CHANDRA NATH R/O - 1 NO. NAMONIGAON
NEAR LAMA MANDIR P.O. - RANGAPARA P.S. - RANGAPARA District -
SONITPUR Assam
Pin - 784505 TET Roll No. - 901171
5: VICKY KACHARI
D/o - BIDYAN KACHARI R/O - VILL SAURAGURI
TAMULPUR
ASSAM P.O. - KACHUBARI P.S. - TAMULPUR District - TAMULPUR Assam
Pin - 781367 TET Roll No. - 801833
6: MARY SUNITA MURMU
D/o - MANUEL MURMU R/O - HOROTOLA P.O. - PATKIJULI P.S. -
TAMULPUR District - TAMULPUR Assam
Pin - 781360 TET Roll No. - 502463
7: MADHUMITA SAHA
Page No.# 2/26
D/o - PHANINDRA SAHA R/O - BIJNI
KAWATIKA P.O. - KAWATIKA P.S. - BIJNI District - CHIRANG Assam
Pin - 783390 TET Roll No. - 600919
8: MEHNAZ ALFARUQUE
D/o - MOSADDEQUE ALFARUQUE R/O - WARD NO 7
ALFARUQUE ROAD
DHUBRI
ASSAM P.O. - DHUBRI P.S. - DHUBRI District - DHUBRI Assam
Pin - 783301 TET Roll No. 601015
9: MAINZW KHAKHALARY
D/o - MOHAN KHAKHALARY R/O - KUSHDHOWA P.O. - KUSHDHOWA P.S.
-RANGJULI District - GOALPARA Assam
Pin - 783124 TET Roll No. - 800887
10: NIKKY SHARMA
D/o - DHAN PRASAD SHARMA R/O - TILOIBARI BONGALI GAON P.O. -
TILOI NAGAR P.S. -MORAN District - DIBRUGARH Assam
Pin - 785675 TET Roll No. - 202406
12: PRITAM UPADHAYA
S/o - BALARAM UPADHAYA R/O - KHANGAR GAON
NEAR DAKSHIN LUMDING GAON PANCHAYAT P.O. - LUMDING P.S. -
LUMDING District - HOJAI Assam
Pin - 782447 TET Roll No. - 510967
13: SONIA RAHMAN
D/o - KHALILUR RAHMAN R/O - H.NO.2
KHILIKHATOL NAMGHAR
RAJEEB NAGAR ROAD
KAHILIPARA
DISPUR
GUWAHATI P.O. - KAHILIPARA P.S. - DISPUR District - KAMRUP(METRO)
Assam
Pin - 781019 TET Roll No. - 509398
14: NABANITA GHOSH
D/o - PRADIP KUMAR GHOSH R/O - VILL H.NO 121
NABIN PALLY
SOUTH HILL COLONY
LUMDING P.O. - LUMDING P.S. - LUMDING District - HOJAI Assam
Pin - 782447 TET Roll No. - 502801
15: PRIYANKA PAUL
D/o - BIJOY BHUSAN PAUL R/O - FLAT NO 104
SUBHADRA NIWAS
KAMAKHYA COLONY
Page No.# 3/26
GUWAHATI
ASSAM P.O. - PANDU P.S. - JALUKBARI District - KAMRUP (METRO) Assam
Pin - 781012 TET Roll No. - 503581
16: NABANITA RABHA
D/o - NALINI KUMAR RABHA R/O - RANGAPARA P.O. - RANGAPARA P.S. -
RANGAPARA District - SONITPUR Assam
Pin - -784505 TET Roll No. - 900896
17: RITU SEN
D/o - GOPAL SEN R/O - VILL PHULOGURI P.O. - PHULOGURI P.S. -
RANGAPARA District - SONITPUR
Assam
Pin - 784504 TET Roll No. - 902930
18: MAINU BORO
D/o - BISWANATH BORO R/O - VILL BANDARMARI P.O. - BANDARMARI
P.S. - TEZPUR District - SONITPUR Assam
Pin - 784153 TET Roll No. - 900710
19: DHARITRI CHAMUAH
D/o - ANIL CHAMUAH R/O - CHALCHALI BIRAHIGAON P.O. -
HALOWAGAON P.S.- SAMAGURI District - NAGAON Assam
Pin - 782141 TET Roll No. - 501069
20: PUSHPANJALI PAGAG
D/O - PUNYESWAR PAGAG R/O - SURJYA NAGAR
SATGAON P.O. - UDYAN VIHAR P.S. - SATGAON District - KAMRUP
(METRO) Assam
Pin - 781171 TET Roll No. - 503693
21: NIMI GIRISA
D/o - HEMEN GIRISA R/O - DAGAON
SAMBARIA
LANKA P.O. - SAMBARIA P.S. - LANKA District - HOJAI Assam
Pin - 782446 TET Roll No. - 503078
22: ROMA PRADHAN
D/o - MAN BAHADUR PRADHAN R/O - SASHIPUR P.O. - DARRANGA MELA
P.S. - TAMULPUR District - TAMULPUR Assam
Pin - 781360 TET Roll No. - 902937
23: AMRIN JAHAN SHEIKH
D/o - ALI JAHAN SHEIKH R/O - NEW MARKET
PANCHARATNA ROAD
GOALPARA
ASSAM P.O. - GOALPARA P.S. - GOALPARA District - GOALPARA Assam
Pin - -783101 TET Roll No. - 500112
Page No.# 4/26
24: MAUSUMI MAHANTA
D/o - PABITRA KUMAR MAHANTA R/O - VILL SAGOLIA PART-II P.O. -
SAGOLIA P.S. - GOLAKGANJ District - DHUBRI Assam
Pin - 783335 TET Roll No. - 508191
25: NITUMONI MEDHI
D/o - TILAK CHANDRA MEDHI R/O - BOGINADI P.O. - BOGINADI P.S. -
BOGINADI District - NORTH LAKHIMPUR Assam
Pin - 787032 TET Roll No. - 700527
26: PINKU PRASAD KANU
S/o - LALA PRASAD KANU R/O - HARI MANDIR ROAD
WARD NO. 07
DHEKIAJULI P.O. - DHEKIAJULI P.S. - DHEKIAJULI District - SONITPUR
Assam
Pin - 784110 TET Roll No. - 903619
27: DIMPLE NEOG
D/o - DILIP NEOG R/O - PHULPANICHIGA
CHANGMAI GAON P.O. - PHULPANICHIGA P.S.- GAURISAGAR District -
SIBSAGAR Assam
Pin - 785683 TET Roll No. - 501158
28: ARCHANA BASUMATARI
D/o - BHOGESWAR BASUMATARY R/O - TOWN- ORANG
NO1 SAIKIA CHUBURI P.O. - ORANGP.S.ORANG District - UDALGURI Assam
Pin - 784114 TET Roll No. - 902263
29: MRINALI BANIA
D/o - PUSPA DHAR BANIA R/O - BHUKTABARI
SIPAJHAR P.O. - SIPAJHAR P.S. - SIPAJHAR District - DARRANG Assam
Pin - 784145 TET Roll No. - 508366
30: MAMATA DAS
D/o - LAKHAN DAS R/O - GORAIMARI
LANGHIN TOWN P.O. - LANGHIN TINIALI P.S. - DOKMOKA District - KARBI
ANGLONG Assam
Pin - 782441 TET Roll No. - 502346
31: MOROMI KONTA
D/o - ISHAK KONTA R/O - GINGIA TEA ESTATE P.O. - GINGIA P.S. - GINGIA
District - BISWANATH Assam
Pin - 784184 TET Roll No. - 900848
32: BORNALI BEYPI
D/o - LONGKY BEY R/O - SELAIKHATI BALICHANG P.O. - BALICHANG P.S.
- BALICHANG District - BISWANATH Assam
Page No.# 5/26
Pin - 784174 TET Roll No. - 900225
33: PUSPA KUMARI
D/o - MOHAN PRASHAD R/O - 5 NO. BLOCK CHUNGAJAN P.O.-
CHUNGAJAN P.S.- CHUNGAJAN District - GOLAGHAT Assam
Pin - 785601 TET Roll No. - 301053
34: PRIYAKSHI SAUD
D/o - UDHAB SAUD R/O - WARD NO. 06
TILAPARA P.O. - GOALPARA P.S. - GOALPARA District - GOALPARA Assam
Pin - 783101 TET Roll No. - 601352
35: BISHAKHA GOGOI
D/o - GOPAL GOGOI R/O - VILL JYOTI NAGAR
ARADHAL P.O. - ARADHAL P.S. - DHEMAJI District - DHEMAJI Assam
Pin - 787057 TET Roll No. - 500750
36: RIKI CHETIA
D/o -PURAN CHETIA R/O - VILL TIPAMIA VILLAGE P.O. - RANG CHANGI
P.S. - TENGAKHAT District - DIBRUGARH Assam
Pin - 786184 TET Roll No. - 202596
37: BITUPAN SAIKIA
S/o - PUTUL SAIKIA R/O - GONDHIA HABICHUK GAON P.O. - PANITOLA
P.S. - TINSUKIA District - TINSUKIA Assam
Pin - 786183 TET Roll No. - 201619
38: SHIVANI CHUNGKRANG
D/o - TILAK SING CHUNGKRANG R/O - MADHUPUR BARAGHARIA GAON
P.O. - DEORI GAON P.S. - BARBARUAH District - DIBRUGARH Assam
Pin - 786007 TET Roll No. - 202678
39: DHIRAJ PATHAK
S/o - JAGANNATH PATHAK R/O - VILL - UTTAR GANAKGARI P.O. -
SORBHOG P.S - SORBHOG District - BARPETA Assam
Pin - 781317 TET Roll No. - 802052
40: SWAPRAKASH BHUYAN
S/o - NIRODE KUMAR BHUYAN R/O - WARD NO. 08
BHALUKDHARA P.O. - DHEKIAJULI P.S. - DHEKIAJULI District - SONITPUR
Assam
Pin - 784110 TET Roll No. - 903778
41: RESHMI BARMAN
D/o - LATE DHIREN BARMAN R/O - TURUKPARA
BOKO P.O. - BOKO P.S. - BOKO District - KAMRUP (RURAL) Assam
Pin - 781123 TET Roll No. - 400469
Page No.# 6/26
42: JUSHNA TERANGPI
D/o - RAJEN TERANG R/O - JILANGSO
SILONIJAN P.O. - SILONIJAN P.S. - BORPATHAR District - KARBI ANGLONG
Assam
Pin - 785602 TET Roll No. - 302123
43: MAYURI HAZARIKA
D/o - JAYANTA KUMAR HAZARIKA R/O - VILL KONWARPARA
BLOCKCHOWK
MANGALDAI P.O. - MANGALDAI P.S. - MANGALDAI District - DARRNAG
Assam
Pin - 784125 TET Roll No. - 401185
44: ANAMIKA KALITA
D/o -NAREN KALITA R/O - BAHJANI(TITARPAM)
BOKO P.O. - PANERY P.S. - BOKO District - KAMRUP (RURAL) Assam
Pin - 781123 TET Roll No. - 506922
45: DEBOJIT BHUMU
S/o - RAJEN BHUMIJ R/O - PERTABGHUR T.E P.O. - BISWANATH CHARIALI
P.S. - BISWANATH CHARIALI District - BISWANATH Assam
Pin - 784176 TET Roll No. - 901751
46: PAYAL CHAUHAN
D/o - LAKHI PRASAD CHAUHAN R/O - ST. TEGRAJ ROAD
NAUPHUKHURI
TINSUKIA P.O. - TINSUKIA P.S. - TINSUKIA District - TINSUKIA Assam
Pin - 786125 TET Roll No. - 901042
47: BUDHESWAR TERON
S/o - MONIRAM TERON R/O - PARKUP PAHAR P.O. - PARKUP PAHAR P.S. -
ANGJOKPANI District - KARBI ANGLONG Assam
Pin - 782135 TET Roll No. - 901728
48: NANDITA DAS
D/o - LATE SITESH RANJAN DAS R/O - BARPATHAR P.O. - BARPATHAR P.S.
- BARPATHAR District - KARBI ANGLONG Assam
Pin - 785602 TET Roll No. - 30075
VERSUS
THE STATE OF ASSAM AND ORS
REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
EDUCATION DEPTT SECONDARY DISPUR GUWAHATI 6
2:THE SECRETARY
TO THE GOVT OF ASSAM EDUCATION DEPTT SECONDARY DISPUR
GUWAHATI 6
Page No.# 7/26
3:THE DIRECTOR OF SECONDARY EDUCDATION
KAHILIPARA GUWAHATI 19
4:THE INSPECTOR OF SCHOOLS
BONGAIGAON
DIST BONGAIGAON ASSAM
5:THE INSPECTOR OF SCHOOLS
KAMRUP METRO DISTRICT CIRCLE
GUWAHATI KAMRUP METRO ASSAM
6:THE INSPECTOR OF SCHOOLS
NAGAON DISTRICT CIRCLE
DIST NAGAON ASSAM
7:THE INSPECTOR OF SCHOOLS
JORHAT DISTRICT CIRCLE
DIST JORHAT ASSAM
8:THE INSPECTOR OF SCHOOLS
DIBRUGARH DISTRICT CIRCLE
DIST DIBRUGARH ASSA
Advocate for the Petitioner : MR S BORTHAKUR, MR. D GOGOI
Advocate for the Respondent : SC, SEC. EDU.,
Linked Case : WP(C)/4197/2025
JESMINA RAHMAN AND ORS
2: SUHAYEL AHMED
S/0-MASHUQUE AHMED. ADDRESS VILL-ARJANPUR P.O-KANAIBAZAR P.S-
PATHARKANDI PIN-788724 DIST-SRIBHUMI(KARIMGANJ)
3: ANUPAM DAS
S/O- NOKA DAS ADDRESS- VILL- BIDYARDABRI PT-1 P.O- BIDYARDABRI P.S
- GOLAKGANJ PIN -783335
4: SHANKARDEV NARAH
S/O-NUMAL NARAH R/O-- VILL- BONGALMARI MIRI GAON P.O-
MATIKHULA P.S - DHEMAJI PIN -787057 DIST- DHEMAJI
5: CHIRONJIT RAY
Page No.# 8/26
S/O- PRODIP KR RAY R/O-- VILL- DUMARDAHA PT IV P.O- BALAJAN P.S -
GAURIPUR PIN -783331 DIST- DHUBRI
6: JEHADI AL MAHMUD
S/O- ROFIQUL ISLAM R/O-- VILL- SOTO UDMARI P.O- JALESWAR P.S -
LAKHIPUR PIN -783132
7: JENIFA SULTANA
D/O-ANUWAR FIRUZ MEHDI VILL-P.O-PUB SALPARA P. S-RUPAHIHAT PIN-
782125 DIST-NAGAON
8: CHIRANJIT ROY
S/O - NIRMAL CHANDRA ROY VILL- RAMNATHPARA P.O- KAMANDANGA
P.S- TAMARHAT DIST-DHUBRI PIN-783332
9: OSMAN GANI
OSMAN GANI
AGE-24 S/O-RAHUL AMIN. VILL- PANIAKHAT P.O- DHULA P.S-DHULA PIN-
784146 DIST- DARRANG
10: SHAHANA BEGUM
D/O- KAMAL UDDIN AHMED VILL- BAZARGHAT P.O-BAZARGHAT P.S -
RATABARI PIN -788733 DIST- SRIBHUMI
11: SAHIDA KHATUN
D/O- KAZINUR ISLAM VILL- TALOWAGAON P.O-SRINAGAR(HATIDHURA)
P.S - TAMARHAT PIN -783332 DIST- DHUBRI
12: CHINTAMANI DAS
D/O- LATE RAJANI DAS VILL- JAMTOLA P.O- JAMTOLA P.S - RANGIA PIN
-781365 DIST- KAMRUP(RURAL)
13: KALIM ULLAH
S/0- FAKOR UDDIN VILL-SALEHPUR P.O-BARAIGRAM P.S-PATHARKANDI
PIN-788723 DIST-SRIBHUMI(KARIMGANJ)
14: TAHIR AHMED
S/O-ABDUL MATIN R/O- - VILL- HULASHNAGAR P.O- ANIPUR P.S-
RATABARI PIN-788734 DIST- SRIBHUMI (KARIMGANJ)
15: TAHIR AHMED
S/O-SULEMAN UDDIN R/O- - VILL- BASATTIHAL P.O- ANIPUR P.S-
RATABARI PIN-788734 DIST - SRIBHUMI (KARIMGANJ)
16: MAYURI SARKAR
D/O-AJIT KUMAR SARKAR VILL-BISHKHOWA PART 1 P.O-BISHKHOWA P.S-
GOLAKGANJ DIST-DHUBRI (ASSAM) PIN-783334
Page No.# 9/26
17: ARJIFA PARBIN
D/O - ASHAN ALI AHMED VILL- KHORAGHAT P/O - BARKANDA P/S -
BAGRIBARI DIST- KOKRAJHAR PIN- 783348
18: INDRAJIT DAS
S/O - PRABIN KUMAR DAS TOWN- SORBHOG WARD NO 4 P.O. - SORBHOG
P.S. - SORBHOG DIST- BARPETA PIN - 781317
19: WAHIDUT ZAMAN
S/O- ABDUL KASHEM TOWN- BARPETA ROAD WARD NO 1 P.O- BARPETA
ROAD P.S - BARPETA ROAD PIN -781315 DIST- BARPETA
20: BEGUM JOBEDA KHATUN
D/O- LT ABDUR RASID VILL- HATIPOTA PT 2 PO AND PS- BILASIPARA DIST-
DHUBRI PIN- 783348
21: TUMPA ROY
D/O- AMULLYA KUMAR ROY VILL-SOUTH TOKRERCHORA PT -2 P.O AND
P.S- GOLAKGANJ DIST- DHUBRI PIN-783334
22: MONIDUL ISLAM
S/O- ABDUS SALAM VILL - HARIPUR KARAIKHOWA PO- KHARMUZA PS-
BAGUAN DIST-GOALPARA PIN -783101
23: SOLMAN ALOM
.S/O-ABDUS SALAM VILL AND PO-LAMAJUAR PS-BADARPUR DIST-
SRIBHUMI(KARIMGANJ) PIN-788701
24: SEKANDER BADSHA
S/O - RAHAM ALI VILL- 2 NO RIVER BLOCK PO- POCHAR CHAR PS- SOUTH
SALMARA DIST- DHUBRI PIN-783127
25: QUAZI MD MAHMUD
S/O-ABUL KALAM R/O- - VILL- JUNGLORTOOK P.O- KANAIBAZR P.S-
PATHARKANDI PIN-788724 DIST - SRIBHUMI (KARIMGANJ)
26: PRONAY KR RAY
S/O- UTTAM KR RAY VILL- DHORARGHAT PT II P.O- SAHEBGANJ P.S -
GAURIPUR PIN -783331 DIST- DHUBRI
27: RINA AHMED
D/O- KASHEM ALI VILLAGE - BHAKUAMARI P/O- ANANDA BAZAR P/S -
SALBARI DIST- BAKSA PIN-781318
28: SABINA YESMIN
VILL-MADHYAM SAMARALI P.O- CHOWDHURY BAZAR P.S - MURAJHAR
DISTRICT -HOJAI PIN-782439
Page No.# 10/26
29: IMDADULLAH BARBHUIYA
S/O- ALA UDDIN BARBHUIYA VILLAGE- VICHINGCHA PART-2
BARBHUIYA BHAVAN
HOUSE NO-06 GUDAMGHAT ROAD P.O AND P/S-- HAILAKANDI DISTRICT--
HAILAKANDI
PIN-- 788155
30: NIKITA DAS
D/O- NITAI CH. DAS VILL- LONGJAP P.O- BORPANI P.S- KACHUA DIST-
NAGAON PIN- 782450
31: MAMONI DEY
D/O BISWAJIT DEY BIR CHILARI PATH N AREA LANKA
TOWN LANKA P.O. LANKA
P.S LANKA PIN - 782446
DISTRICT HOJAI
32: ASRAFUL AHMED
S/O SHAJAMAL AHMED VILL AND P.O. BHERALDI P.S BARPETA DIST-
BARPETA PIN- 781309
33: JAHIDUL ALOM SARKAR
S/O LT MUZAMMEL HUSSAIN SARKAR VILL- THAGRARPAR PART 1 P.O.
KHALIPUR P.O. - DHUBRI DIST- DHUBRI
VERSUS
THE STATE OF ASSAM AND ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
EDUCATION
SECONDARY DEPARTMENT
GUWAHATI- 781006.
2:THE DIRECTOR OF SECONDARY EDUCATION
KAHILIPARA
GUWAHATI- 781019
ASSAM
------------
Advocate for : MR. K M MAHANTA
Advocate for : MR. SMT CHISTIE
SC
HIGHER EDU appearing for THE STATE OF ASSAM AND ORS
Linked Case : WP(C)/3931/2025
NANDITA PRIYA SARKAR AND ORS
Page No.# 11/26
W/O TAPASH KUMAR ROY R/O VILOL PAKABETBARI PO JARABARI PS
BARPETA DIST BARPETA ASSAM PIN 781314 TET ROLL NO. 502858
2: ANIMESH DUTTA
S/O BIKASH DUTTA R/O NATUN NAGAR WARD NO. 4 PO PS AND DIST
DHEMAJI ASSAM PIN 787057 TET ROLL NO. 505191
3: MANASH PRATIM BORAH
S/O SONA RAM BORAH R/O AZAD BY LANE 2 WARD NO. 11 K B ROAD
BORMURIA TINIALI PO AND PS NORTH LAKHIMPUR DIST LAKHIMPUR
ASSAM PIN 787001 TET ROLL NO. 201760
VERSUS
THE STATE OF ASSAM AND ORS
REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
EDUCATION DEPTT SECONDARY DISPUR GUWAHATI 6
2:THE SECRETARY
TO THE GOVT OF ASSAM EDUCATION DEPTT SECONDARY DISPUR
GUWAHATI 6
3:THE DIRECTOR OF SECONDARY EDUDCATION
KAHILIPARA GUWAHATI 19
4:THE INSPECTOR OF SCHOOLS
BONGAIGAON DIST CIRCLE
BONGAIGAON ASSAM
5:THE INSPECTOR OF SCHOOLS
DIBRUGARH DIST CIRCLE
DIBRUGARH ASSAM
------------
Advocate for : MR S BORTHAKUR
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND ORS
Linked Case : WP(C)/3930/2025
RAHUL SARMA CHOWDHURY AND ORS
S/O- GAUTAM SARMA CHOWDHURY R/O- VILLAGE- LALONGKITTA
LABOCPAR PT-1
PAILAPOOL P.O- PAILAPOOL P.S- LAKHIPUR DIST- CACHAR PIN- 788098 GT
TET ROLL NO- 103593
2: PRIYANKA YADAV
D/O- VIRENDRA YADAV R/O-UKIL PATTY
Page No.# 12/26
HOUSE NO39 PO-SILCHAR PS-SADAR SILCHAR DIST- CACHAR PIN- 788001
GT TET ROLL NO- 100799
3: ANJALI DAS
D/O - NITAI DAS R/O- RONGPUR PART3
KATLICHERRA PO- KATLICHERRA PS-KATLICHERRA DISTRICT -
HAILAKANDI PIN - 788161 GT TET ROLL NO- 102038
4: JUHI BARMAN
D/O - DINESH CHANDRA BARMAN R/O- NEW LINK ROAD
RONGPUR PART 4
SILCHAR PO- RONGPUR P. S- SADAR THANA DIST- CACHAR PIN - 788009
GT TET ROLL NO- 102332
5: PUJA KAIRI
D/O- SANKAR KAIRI R/O- VILL- NUTANBAZAR
NARSINGPUR PO- NARSINGPUR PS- DHOLAI DIST- CACHAR PIN- 788115 GT
TET ROLL NO- 102676
6: CH SHOUNALI SINGHA
D/O- CH SAMTONU SINGHA R/O - VIVEKANANDA ROAD LANE NO.17
WARD NO.-26 P.O-VIVEKANANDA ROAD P.S-SADAR
SILCHAR DIST- CACHAR PIN -788007 GT TET ROLL NO- 102158
7: RIYA PAUL
D/O - SUBASH PAUL R/O - 1ST LINK ROAD (MAIN) OPPOSITE OF LANE NO.3
CACHAR
ASSAM P.O - 1ST LINK ROAD P.S - RANGIRKHARI OUTPOST DIST- CACHAR
PIN- 788006 GT TET ROLL NO- 100874
8: SUHANA SABNAM
D/O-ABDUL HAMID R/O- VILL- SINGUA FULTALI P.O- BROJENDRAPUR P.S-
RAMKRISHNANAGAR DIST- SRIBHUMI PIN-788156 GT TET ROLL NO- 102964
9: ABID HASSAN
S/O- AFTAB UDDIN AHMED R/O- VILL- BADEJAMA
BARAIGRAM PO- BARAIGRAM PS- PATHARKANDI DIST- SRIBHUMI PIN-
788723 GT TET ROLL NO- 103127
10: KALYANI SINGHA
D/O - DHIRENDRA KUMAR SINGHA R/O- JARAILTOLA BAZAR
CACHAR
ASSAM P O- JARAILTOLA P S-BORKHOLA DIST - CACHAR PIN - 788127 GT
TET ROLL NO- 100434
VERSUS
THE STATE OF ASSAM AND ORS
REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
Page No.# 13/26
EDUCATION DEPTT SECONDARY DISPUR GUWAHATI 6
2:THE SECRETARY
TO THE GOVT OF ASSAM EDUCATION DEPTT SECONDARY DISPUR
GUWAHATI 6
3:THE DIRECTOR OF SECONDARY BEDUCATION
KAHILIPARA GUWAHATI 19
4:THE INSPECTOR OF SCHOOLS
CACHAR DISTRICT CIRCLE
SILCHAR DIST CACHAR ASSAM
------------
Advocate for : MR S BORTHAKUR
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND ORS
Linked Case : WP(C)/4099/2025
ANGUR MIAH
SON OF-LATE ABDUL KARIM BEPARI
R/O-VILL/TOWN - MANKACHAR
1 NO. BAZAR
P.O. - AND P.S. - MANKACHAR
IN THE DISTRICT OF SOUTH SALMARA MANKACHAR
PIN-783131
ASSAM. TET ROLL NO.-505189
VERSUS
THE STATE OF ASSAM 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT
OF ASSAM
EDUCATION DEPARTMENT (SECONDARY)
DISPUR
GUWAHATI -781006
2:THE SECRETARY TO THE GOVT OF ASSAM
EDUCATION DEPARTMENT (SECONDARY) DISPUR
GUWAHATI - 781006
3:THE DIRECTORATE OF ASSAM SECONDARY EDUCATION
KAHILIPARA
GUWAHATI-781019.
Page No.# 14/26
4:NATIONAL COUNCIL FOR TEACHERS EDUCATION (NCTE)
REPRESENTED BY THECHAIRPERSON HAVING ITS HEAD OFFICE AT G-7
SECTOR-10
DWARKA
NEAR METRO STATION
NEW DELHI-110075.
5:THE INSPECTOR OF SCHOOLS
BONGAIGAON DISTRICT CIRCLE
DIST- BONGAIGAON
ASSAM.
6:THE CHIEF EDITOR
ASSAM SAHITYA SABHA
DANBIR RADHAKANTA BHAWAN
JORHAT-1
ASSAM.
------------
Advocate for : MR B P BORAH
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM 5 ORS
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 01-08-2025
All the 5 (five) cases are taken up together for consideration since the
issues that are involved are similar in nature.
[2.] Heard Mr. S Borthakur, learned counsel for the petitioners in WP(C) No.
3929/2025, WP(C) No. 3930/2025 and WP(C) No. 3931/2025. Also heard Mr. BP
Borah, learned counsel for the petitioner in WP(C) No. 4099/2025 and Mr. KK
Mahanta, learned senior counsel assisted by Mr. KM Mahanta, learned counsel
for the petitioners in WP(C) No. 4197/2025. I have also heard Mr. D Saikia,
learned Advocate General, Assam assisted by Mr. B Kaushik, learned Standing
Page No.# 15/26
Counsel, Secondary Education Department.
[3.] Facts of the case in brief are that the Director of Secondary Education,
Assam on 26.12.2023 floated 2 (two) online advertisements for filling up of 205
vacant posts of graduate teachers in Arts, Science, Hindi and Sanskrit in
different Government Secondary Schools and 7249 vacant posts of similar
streams in different provincialized Secondary Schools. The petitioners responded
to the advertisements by submitting their respective applications and documents
online before the last date of submission of the forms. Be it stated that the
Director had issued an Addendum on 16.10.2024 which provided that the online
applications will be accepted from 21.10.2024 (11:30 am) to 15.11.2024
(midnight). The said Addendum was followed by a notice dated 12.11.2024 by
which the last date for filling up the online applications was extended till
20.11.2024 (midnight).
[4.] It may further be stated that the advertisement for filling up of the posts
of graduate teachers was through Teachers Eligibility Test (TET) cum
recruitment test. In addition to the terms, conditions and the requisites
mentioned in the advertisement, the addendum and the notice, the Director of
Secondary Educations issued a Standard Operating Procedure (SOP) for
screening/verification of documents/testimonials of the provisionally selected
candidates for the posts in question on 27.05.2025.
[5.] It is the case of the petitioners that they performed well in the written
examination conducted and secured fairly high marks but however, when their
certificates and testimonials were examined by the respondent authorities
concerned, their candidature came to be rejected on the ground that they either
Page No.# 16/26
acquired Assamese diploma certificate issued by Axom Sahitya Sabha or B.Ed
certificate from Baba Saheb Ambedkar Education University after the last date
of submission of online application i.e., 20.11.2024.
[6.] Mr. KK Mahanta, learned senior counsel submits that there is no provision
or scope for submission of the credentials along with the application form and
therefore, the petitioner could not submit the same. He submits that the
production of testimonials on the date fixed for verification of documents is a
normal practice and the petitioners met such requirement by producing the
same on the day fixed for document verification. He also submits that while the
recruitment notification for the post of graduate teachers/post graduate
teachers requires possession of qualification of B.Ed degree, it did not explicitly
prescribed the date by which such qualification must be acquired, except for
stating that the last date of submission of application is 20.11.2024. He
therefore, submits that the impugned rejection of the candidatures of the
petitioners for having acquired the B.Ed degree after the last date, i.e.,
20.11.2024 being arbitrary and irrational, the same should be set aside and the
petitioners be allowed to participate in the selection process. He also submits
that the petitioners have otherwise scored fairly high marks and therefore, they
should not be deprived of their chance for being appointed as graduate teachers
merely on technical grounds. He also submits that at the time of submission of
the application forms, the petitioners projected themselves as B.Ed Pass since
they were confident that they will successfully clear the said course.
[7.] The learned senior counsel relies upon the judgment and order dated
03.12.2024 passed by the Division Bench of this Court in WP(C) No.
1414/2024 (Smti. Moni Gogoi & 19 Ors. v. State of Assam & 4 Ors .) to
Page No.# 17/26
contend that the NCTE norms admittedly are adopted by the State Government
for recruiting teachers of Schools and Colleges and therefore, the respondents
cannot deviate from the NCTE guidelines. The learned senior counsel also
submits that although the advertisement provided that applications seeking
condonation/relaxation of any criteria should be made before the appropriate
authority, as per applicable norms atleast 7 (seven) days prior to filling up of
online applications, but the same was withdrawn, vide corrigendum dated
15.03.2024. Therefore, there was no scope even if the petitioners wanted to
seek condonation/relaxation of any such criteria stipulated in the advertisement.
The learned senior counsel has also relied upon Omkar Singh & Ors. v. State
of Uttar Pradesh & Ors., reported in (2021) 14 SCC 486 to support his
submission.
[8.] Mr. S Borthakur, learned counsel for the petitioners also submits that the
impugned action of the respondent authorities in rejecting the candidatures of
the petitioners, whom he represents on account of late submission of Assamese
diploma certificate after 20.11.2024 is also wholly unfounded. He submits that
having diploma certificate in Assamese is only in addition to the minimum
educational qualification prescribed by the advertisement. He submits that the
same is only in addition to the academic and professional qualifications required
to be possessed by the candidates concerned. Referring to the SOP dated
27.05.2025, the learned counsel submits that unlike the prescription having B.Ed
mark-sheet and certificate before the last date of the online application, there is
no mention about the requirement of having diploma certificate in Assamese
before the last date of the online application. He submits that having basic
knowledge in Assamese language is required so that the teachers concerned on
being appointed will have no difficulty in communicating with the students. Such
Page No.# 18/26
being the case, the impugned rejection of the candidature of the petitioners
should be interfered with by this Court. He also submits that the petitioners
have the legitimate expectation to be considered for appointment since they
fulfill all the criteria mentioned in the advertisement and the rejection of their
candidature on technical grounds should not come in the way for their
consideration for being appointed as graduate
teachers. In support of his submissions, the learned counsel relies upon the
following authorities:-
(i) Ashok Kumar Sharma & Ors. v. Chander Shekhar & Anr .,
reported in (1997) 4 SCC 18
(ii) Official Liquidator v. Dayanand & Ors ., reported in (2008) 10
SCC 1.
[9.] Mr. BP Borah, learned counsel for the petitioner in WP(C) No. 4099/2025
adopts the arguments of Mr. S Borthakur, learned counsel and submits that
scheme of the tests are two folds. One is the TET and the other is the screening
for recruitment to the post in question. The learned counsel submits that
Schedule II (2) of the Assam Secondary Education (Government Schools)
Service Rules, 2020 (Rules of 2020) provides for the criteria for selection of
graduate teachers in Arts and Science. He submits that all the petitioners
participated in the TET examination and the results of the examination was
declared after the last date of submission of the online application. If the result
of the TET examination is accepted after the last date, there is no reason as to
why the other certificates should not be accepted. He submits that screening for
recruitment to the post in question only started on 27.05.2025 when the SOP
was issued. He submits that there is a difference between criteria and the
Page No.# 19/26
essential qualifications prescribed. He submits that having appropriate degree in
the field concerned is the qualification that one must possess, whereas having
diploma in Assamese language is only a criteria. Since all the petitioners
possessed the essential educational qualifications as well as the diploma
certificate in Assamese language, rejection of their candidature would amount
to discrimination. He therefore, submits that the impugned rejection of the
petitioners should be interfered with by this Court and the petitioners be
allowed to considered for appointment for the posts which they have applied in
terms of their performance in the TET as well as the recruitment test.
[10.] Appearing for the respondents Mr. D Saikia, the learned Advocate
General on the other hand, submits that the petitioners have claimed to have
passed their B.Ed and also acquired diploma certificate in Assamese in respect
of the petitioners concerned at the time of filling up of their online applications
even before their results were declared and certificates issued in that regard.
This clearly goes to show that the petitioners have made wrong declaration and
have tried to mislead the authorities concerned including this Court. Since the
admitted position is that the petitioners have submitted their respective
certificates which were acquired after the last date, their writ petitions should be
rejected at the threshold on this ground alone with heavy cost.
[11.] The learned Advocate General referring to the advertisement
submits that the minimum education and professional qualification for the post
in question was possessing graduate or postgraduate in appropriate fields from
a recognized University with 50% marks and also Bachelors of education degree
from NCTE recognized Institutions. The advertisement also clearly provided that
the online applications and documents submitted by the candidates once
Page No.# 20/26
uploaded cannot be corrected. Any discrepancy would lead to cancellation of the
candidature. He further submits that the documents to be uploaded amongst
others provided the B.Ed certificate and also any other mark-sheets and
certificates of higher education. It was also provided that the candidates having
not cleared State test against any qualifications will not be eligible to apply.
Further, when the candidates are required to appear for verification of
documents, they are to produce the original certificates, testimonials and
documents that were uploaded during the application stage.
[12.] The learned Advocate General submits that although the last date of
submission of online application was 20.11.2024 (midnight), the option of
editing the online application was also opened from 22.11.2024 to 30.11.2024
(midnight). The petitioners have otherwise not availed off such edit option.
Under the circumstance, the B.Ed certificate as well as the diploma in Assamese
language not having being acquired and submitted by the petitioners before the
last date of submission of the online applications, i.e., 20.11.2024, the
candidature of the petitioners having rightly rejected in terms of the
advertisement. He also submits that the SOP has been issued as a guideline for
the officials to follow and the same is not meant for the public at large. The
conditions stipulated in the advertisement itself having been not followed by the
petitioners, their candidature is rightly been rejected.
[13.] Mr. D Saikia, learned Advocate General submits that the case of
Ashok Kumar Sharma & Ors. (supra), relied upon by Mr. S Borthakur,
learned counsel for the petitioners has been reviewed by the Apex Court
subsequent on 10.03.1997 by holding that candidates who were not qualified
and were not entitled to apply on the last date of the application could not have
Page No.# 21/26
been allowed to participate, in view of the fact that a large number of
candidates could have been prevented to apply for the post in view of the
qualifications prescribed to be possessed by the last date of submission of the
applications. The same cannot be in public interest. The Apex Court thus held
that a person who acquires the prescribed qualification subsequent to the
prescribed date cannot be considered at all. The learned Advocate General has
also relied upon the case of Deeptimayee Parida v. State of Orissa & Ors .,
reported in (2008) 10 SCC 687.
[14.] I have heard the submissions made by the learned counsels for
the rival parties and I have perused the materials available on record. Although
notice has not been issued in this matters, but the learned counsels for the rival
parties have made their detailed submissions and in fact the respondents have
also exchanged their pleadings in WP(C) No. 3929/2025, WP(C) No. 3930/2025
and WP(C) No. 4099/2025 and therefore, this Court has taken up the matters
for final disposal.
[15.] From the projection made by the rival parties, the issue to be
decided is as to whether the petitioners for want of having B.Ed degree and/or
diploma certificate in Assamese language as on the last date of submission of
the online application, i.e., 20.11.2024 can be rejected from being considered
for appointment to the post in question. It may be seen that the advertisement
for graduate teachers in Assamese, Science, Hindi and Sanskrit for both
Government Schools and provincialized Schools was floated on 26.12.2023. Vide
addendum dated 16.10.2024, it was provided that the online application will be
accepted from 21.10.2024 (11:30 am) to 15.11.2024 (midnight). However, the
last date for submission of the online application was extended to 20.11.2024
Page No.# 22/26
(midnight), vide notice dated 12.11.2024. The notice also provided that there
was an edit option for all fields in respect of the applicants who have
successfully submitted online applications from 22.11.2024 till 30.11.2024
(midnight). However, as none of the petitioners have availed the edit option and
therefore, the same will not be relevant to the present case.
[16.] Coming back to the advertisement, it may be seen that the
conditions of recruitment provided that one must have the qualification of
Bachelor of Education from a recognized University, apart from being a graduate
in the required field from a recognized University. In addition to the academic
and professional qualification, the candidates applying for the concerned post
should possess diploma in Assamese language issued by the Axom Sahitya
Sabha or read up to HSLC level in Assamese medium Schools. In the
advertisement under the heading "other criteria" at Sl. No. 10, it is provided that
when the candidates appear for verification of documents, they must produce
original certificates, testimonials and documents that had been uploaded during
the application stage. It is further provided that documents uploaded including
B.Ed mark-sheet/certificate and any other mark-sheets, certificate of Higher
Education should be colored, scanned and clear in PDF format while uploading
and applying online and all documents should be self-attested. A caution has
also been made that candidates should be cautious while submitting the online
applications or documents for the 2 nd time. As was stated earlier, the addendum
provided that the online applications would be accepted from 21.10.2024 (11:30
am) to 15.11.2024 (midnight) and thereafter vide notice dated 12.11.2024 the
last date of filling of online applications extended till 20.11.2024 (midnight).
Page No.# 23/26
[17.] There is no dispute to the fact that all the petitioners have acquired
either their B.Ed Degree or Diploma in Assam Language after 20.11.2024. The
learned counsels for the petitioners have sought to impress upon the Court that
having Diploma in Assamese Language is only an additional qualifications apart
from having the minimum academic and professional qualification in respect of
those who have been rejected for having acquired Diploma in Assamese
Language after 20.11.2024. Similarly, the arguments advanced are that since
the petitioners concerned were already pursuing their B.Ed Courses in a
recognized university much before the issuance of the advertisement, their
candidature cannot be rejected for any delay in the publication of their results.
[18.] The Apex Court in the case of Dipitimayee Parida (supra) held
that ordinarily the qualification or extra qualification laid down for the
recruitment should be considered as on the last date for filling of the
application. In coming to such conclusion, the earlier decision of the same Court
rendered the Rekha Chaturvedi v. University of Rajasthan, reported in
1993 Supp (3) SCC 168, wherein, it was held that the contention that the
required qualifications of the candidates should be examined with reference to
the date of selection and not with reference to thelast date for making
applications has only to be stated to be rejected. The date ofselection is
invariably uncertain. In the absence of knowledge of such date the candidates
who apply for the posts would be unable to state whether they are qualified for
the posts in question or not, if they are yet to acquire the qualifications. Unless
the advertisement mentions a fixed date with reference to which the
qualifications are to be judged, whether said date is of selection orotherwise, it
would not be possible for the candidates who do not possess the requisite
Page No.# 24/26
qualifications in praesenti even to make applications for the posts. The
uncertainty of the date may also lead to a contrary consequence namely even
those candidates who do not have the qualifications in praesenti and are likely
to acquire them at an uncertain future date, may apply for the posts thus
swelling the number of applications. But a still worse consequence is that it may
leave open a scope for malpractices. The date of selection may be so fixed or
manipulated as to entertain some applicants and reject others, arbitrarily.
Hence, in the absence of a fixed date indicated in the advertisement/notification
inviting applications with reference to which the requisite qualifications should
be judged, the only certain date for the scrutiny of the qualifications will be the
last date for making the applications.
[19.] The case of Ashok Kumar Sharma & Ors. (supra) has
consequently been reviewed on 10.03.1997, wherein, the view taken by the
majority in the earlier decision was found to be unsustainable in law by holding
that the proposition that where applications are call for prescribing a particular
date as the last date for filling applications, the eligibility of the candidates shall
have to be judged with regards to that date and that date alone, is a well-
established one. A person who acquires the prescribed qualification subsequent
to such prescribed date cannot be considered at all. It was also held that one
reason behind this proposition is that if it were known that persons who
obtained the qualifications after the prescribed date but before the date of
interview would be allowed to appear for the interview, other similarly placed
persons could also have applied. Just because some of the persons had applied
notwithstanding that they had not acquired the prescribed qualifications by the
prescribed date, they could not have been treated on a preferential basis. Their
Page No.# 25/26
applications ought to have been rejected at the inception itself. A reference of
the case of Rekha Chaturvedi (Supra) was also made while coming to such a
finding.
[20.] Reliance has also been placed on the case of Omkar Singh &
Ors. (supra) on behalf of the petitioners but the fact remains that the facts are
different compared to present one. The same was the case for eligibility for TET
Examination. The relevant guidelines clearly provide that a person pursuing
Teacher Education Course recognized by NCTE etc. would be eligible for TET
examination. While such was the provision available, there is none for the
present case and therefore, the authority relied upon is found to be not
relevant.
[21.] Arguments have also been advanced on behalf of the petitioners
with regard to the prescription of the Rules of 2020 and the fact that the
respondent authorities in the present case cannot go co-contrary to the said
Rules. However, the fact remains that the advertisement itself has not been
questioned or challenged by the petitioners and in fact, they have willingly
participated in the TET-cum-recruitment Test without any objection in this
regard. Therefore, it would not be open for them to now question the procedure
or process laid down for the test. In other words their sole grievance is in
respect of the non-acceptance of their B.Ed Certificates or Diploma in Assamese
Language acquired by them after 20.11.2024 which is the last date for
submission of the on-line application. In this regard, it may be stated that the
declaration of having secured B.Ed or diploma in Assamese language while
submitting applications through online without having a certificate or mark-sheet
showing successful completion of the course should not have been resorted to
Page No.# 26/26
by the petitioners. However, in view of the conclusion being arrived at, Court
refrains from expressing anything further. The decisions of the Apex Court in
Dipitimayee Parida (supra), Ashok Kumar Sharma & Ors. (supra) as
was reviewed on 10.03.1997 and also Rekha Chaturvedi (Supra) are found
to be squarely applicable to the facts and circumstances of the instant
controversy.
[22.] Thus, having heard the learned counsels for the rival parties
and upon perusal of the materials available on record and the authorities relied
upon, I do not find merit in these writ petitions and accordingly they are
dismissed by leaving the parties to bear their own cost.
JUDGE
Comparing Assistant
