Page No.# 1/ vs The State Of Assam And 5 Ors
2025 Latest Caselaw 4783 Gua

Gauhati High Court

Page No.# 1/ vs The State Of Assam And 5 Ors on 22 August, 2025

                                                                  Page No.# 1/10

GAHC010186612025




                                                            undefined

                         THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C)/4831/2025

         AMBIKA DAS
         D/O LATE RAMCHARAN DAS, R/O FORESTGATE, NARENGI, M.T. ROAD,
         P.O. NARENGI, P.S. NOONMATI, GUWAHATI 781026, DIST. KAMRUP (M),
         ASSAM.

         2: BULEN SAIKIA

          S/O BOURAM SAIKIA
          R/O SOLMORIA
          P.O. DOOLOT
          P.S.LALUK
          PIN 787023
          DIST. LAKHIMPUR
          ASSAM.

         3: SOHRAB ALI

          S/O MD. ISMAIL HUSSAIN
          R/O VILL. 4 NO BARDALONI
          P.O. MANDIA
          P.S. BAGHBOR
          DIST. BARPETA
          ASSAM
          PIN 781308

         4: DEVOJANEE CHINTEY

          D/O BROJEN CHANDRA CHINTEY
          R/O KARPUNPULI
          P.O. AND P.S. GOGAMUKH
          DIST. DHEMAJI
          ASSAM
          PIN 787034
                          Page No.# 2/10

5: RIMI DOLEY

D/O BABAI DOELY
R/O VILL. PANBARI
P.O. PANBARI
P.S. NARAYANPUR
DIST. LAKHIMPUR
ASSAM
PIN 784164

6: GULIJAR HUSSAIN

S/O MUNNAF ALI
R/O VILL. PAKABETBARI
P.O. JARABARI
P.S. BARPETA
DIST. BARPETA
ASSAM
PIN 781314

7: MOMI DOLEY

D/O GOPAL DOLEY
R/O VILL. NAHARBARI
P.O. KHURACHUK
P.S. GOGAMUKH
DIST. DHEMAJI
ASSAM.

8: KANGKANA DEKA

D/O UGRAMAL DEKA
R/O VILL. TITKUCHI
P.O. BEZERA
P.S. BAIHATA CHARIALI
DIST. KAMRUP
ASSAM
PIN 781121

9: PALLAB JYOTI BARUAH

S/O ANANDA BARUAH
R/O VILL. BAHGORAH
P.O. MEZENGA
P.S. NAZIRA
DIST. SIVASAGAR
ASSAM
PIN 785685
                           Page No.# 3/10


10: JHARNA GOGOI

D/O BHUBAN GOGOI
R/O VILL. MOINAPARA
P.O. AND P.S. GHILAMORA
DIST. LAKHIMPUR
ASSAM
PIN 787053

11: OBAIDUL ISLAM

S/O ABDUL HASHIM
R/O VILL. BORDOOBA TOOP
P.O. AND P.S. BHURAGAON
DIST. MORIGAON
ASSAM
PIN 782121

12: SOFIQUL ISLAM

S/O BAHARUL ISLAM
R/O VILL. NO 1
JOGIPARA PATHAR
P.O. JOGIPARA PATHAR
P.S. BOKO
DIST. KAMRUP
ASSAM
PIN 781136

13: MD. SHAHADAT ALI

S/O MD. AMIR ALI
R/O VILL. MOHIMARI
P.O. MOHIMARI
P.S. CHHAYGAON
DIST. KAMRUP
ASSAM
PIN 781137

14: BISHMITA BORAH

D/O ANANDA BORAH
R/O VILL. NAPAMUWA
P.O. AZAD
P.S PANIGAON
DIST. LAKHIMPUR
ASSAM
                                                          Page No.# 4/10

PIN 787031

15: ARUN KUMAR DAS

S/O ANIL CHANDRA DAS
R/O VILL. MALIBARI SATRA
P.O. MALIBARI BAZAR
P.S. BOKO
DIST. KAMRUP
ASSAM
PIN 78113

VERSUS

THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM, DEPTT.
SECONDARY EDUCATION, DISPUR, GUWAHATI 781006

2:THE DIRECTORATE OF SECONDARY EDUCATION

ASSAM
KAHILIPARA
GUWAHATI 781019

3:THE INSPECTOR OF SCHOOLS

KAMRUP (M) DIST. CIRCLE
GUWAHATI 781001
DIST. KAMRUP (M)
ASSAM.

4:THE INSPECTOR OF SCHOOLS

DIBRUGARH DIST. CIRCLE
DIST. DIBRUGARH
ASSAM
PIN 786001

5:THE INSPECTOR OF SCHOOLS

JORHAT DIST. CIRCLE
DIST. JORHAT
ASSAM
PIN 785001

6:THE INSPECTOR OF SCHOOLS

BONGAIGAON DIST. CIRCLE
                                                                          Page No.# 5/10

             DIST. BONGAIGAON
             ASSAM
             PIN 78338

Advocate for the Petitioner   : MR. J KALITA, S HAZARIKA,MR B HAZARIKA

Advocate for the Respondent : SC, SEC. EDU.,




                                    BEFORE
                      HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                         ORDER

Date : 22-08-2025

Heard Mr. B. Hazarika, learned counsel for the petitioners. Also heard Mr. S.M.T. Chistie, learned standing counsel for Secondary School Education/respondents.

2. The instant writ petition filed under Article 226 of the Constitution of India is for the issuance of the appropriate writ or direction to the respondents for the inclusion of the names of the petitioners while filling up the vacant post of Post Graduate Teachers as per the advertisements dated 26.12.2023 vide Memo No. E-392562/2 and Memo No. E-392562/4.

3. The case of the writ petitioners is that the petitioners had applied for the vacant post of Post Graduate Teachers as floated in the above mentioned advertisements dated 26.12.2023. Accordingly, the petitioners had appeared for the TET-cum-Recruitment Written Test on 19.01.2025, the result of which was declared on 30.05.2025, wherein the petitioners had cleared the test and their names appeared in the first merit list declared on 30.05.2025. However, at the time of the screening/verification of documents, the petitioners were rejection Page No.# 6/10

by the respondents on the grounds that the M.A mark sheets was issued after the date fixed in the advertisement dated 26.12.2023.

4. Mr. B. Hazarika, learned counsel for the petitioners submits that it was not the fault of the petitioners that there was a delay in the filing of the mark sheets, which was after the advertisements. He submitted that the delay was due to the Assam Direct Recruitment Examination (ADRE) of the Government of

Assam, which was held on 15 th & 22nd September and 20th October, 2024.

Therefore, the final examination of the M.A 4 th Semester of the session 2022-

2024 was delayed by about 5 (five) months and was held on 16 th November -

1st December, 2024, which resulted in the delay of the declaration of the results

on 29th January, 2025. The learned counsel submits that the petitioners should not be made to suffer for no fault of theirs, especially, when they were allowed to sit for the TET-cum-Recruitment written examination which was cleared successfully by the petitioners.

5. The learned counsel also submits that the petitioners on being informed that their names were rejected, had prompted submitted representations to the respondent authority/respondent No. 1 vide representation dated 09.07.2025, by stating that their case may be sympathetically considered as was done for previous recruitments, wherein the DSE had considered similar cases sympathetically where candidates had faced delays due to circumstances beyond their control.

The learned counsel for the petitioners submitted that in spite of the said representations submitted on 09.07.2025, the petitioners have received no Page No.# 7/10

response till date.

6. Mr. S.M.T. Chistie, learned standing counsel for Secondary School Education, on the other hand submits that the petitioners have admitted that they had delayed in filing their mark sheets after the date fixed in the advertisements dated 26.12.2023 and therefore, the mark sheets received after the date fixed in the advertisements cannot be taken into consideration. The learned counsel submits that the judgment of the Coordinate Bench of this court dated 01.08.2025 in Nayan Sharma & Ors. Vs. State of Assam & Ors. in WP(C) No. 3929/2025 with other link cases, clearly covers the instant case, wherein the Coordinate Bench of this court had dismissed the case of the petitioners by referring to the case of Ashok Kumar Sharma & Ors. Vs. Chander Shekhar & Anr., reported in (1997) 4SCC 18, by observing as follows:-

"[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 Page No.# 8/10

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 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."

7. The Coordinate Bench of this court had further observed as follows:-

"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."

The learned standing counsel submits that in view of the judgment of the Coordinate Bench of this court wherein no appeal has been preferred and has reached its finality, the facts and circumstances being similar, the instant writ petition deserved to be dismissed at the motion stage itself.

8. In reply to the submissions made by the learned standing counsel, the learned counsel for the petitioners submits that the facts and circumstances in the cited case is not entirely similar since the delay in the instant case was due to no fault of the petitioners.

Page No.# 9/10

9. I have considered the submissions made by the learned counsels for both the parties.

10. The undisputed facts is that the petitioners are aggrieved on being informed that their applications for the post of post graduate teacher have been rejected since their mark sheets were filed after the date fixed in the advertisements dated 26.12.2023. A perusal of the advertisements show that the last date of application was on 20.11.2014 till midnight and edit option given on 30.11.2024 till midnight, whereas the mark sheets of the petitioners is dated 05.03.2025.

11. It is also seen that the petitioners being aggrieved by their case being rejected, had filed their representations dated 09.07.2025, addressed to the Secretary, Department of School Education, Assam/respondent No.1. The petitioners in their representation had stated that the delay in filing the mark sheets of their masters degree course for 2022-2024 Session was not due to their fault but was due to circumstances which was beyond their control i.e due to the Assam Direct Recruitment Examination (ADRE). That despite qualifying the TET-cum-Recruitment Test, they were facing difficulties in securing selection for the post of Post Graduate Teachers (PGT). They further stated that in previous recruitments, the DSE had considered similar cases sympathetically, where candidates had faced delays due to circumstances beyond their control. The petitioners had requested for the kind consideration of their case in a similar light and facilitate their participation in the PGT recruitment process

appointment scheduled for 10th October, 2025.

Page No.# 10/10

12. It is however seen that the respondent No. 1 has not responded to the said representations and hence the writ petition. In view of the projected circumstances, this court is of the considered view that the respondent authority has the bona fide duty to consider and address the representations/grievances of the petitioners, especially, where the petitioners had mentioned that the case of similarly situated persons were considered by the DSE sympathetically.

This court thus find that the ends of justice would be met, if without going to the merits of the case the writ petition is disposed of at the motion stage, by directing the respondent authorities to consider and dispose of the representations submitted by the petitioners dated 04.07.2024 with a speaking order, by adhering to the principals of natural justice and fair play, within a period of 3 (three) weeks from the date of receiving a certified true copy of this order. Copy of the writ petition may also be enclosed, for the perusal of the respondent authorities.

13. Accordingly, WP(C) No. 4831/2025 stands disposed of as above.

No cost.

JUDGE

Comparing Assistant