Page No.# 1/16 vs The State Of Assam And 11 Ors
2025 Latest Caselaw 1441 Gua

Gauhati High Court

Page No.# 1/16 vs The State Of Assam And 11 Ors on 24 July, 2025

Author: Michael Zothankhuma

Bench: Michael Zothankhuma

                                                             Page No.# 1/16

GAHC010120462023




                                                       undefined

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

                            Case No. : WA/396/2023

         SUMITRA DEWRY AND 60 ORS
         W/O SRI HARKANTA MOCHAHARY R/O VILL- BARAMA, P.O. BARAMA
         DIST. BAKSA, ASSAM, PIN - 781333.

         2: SRI SUKLA MOCHAHARY
          S/O SRI MAHESWAR MOCHAHARY
         R/O VILL- DALBARI
          P.O. DALBARI
         DIST. BASKA
         ASSAM
          PIN - 781333.

         3: SMTI. DAMONTI BASUMATARY
          D/O LATE GENTHAI BASUMATARY
         R/O VILL- UDUGOAN
          P.O. NIMUA
         DIST. BAKSA
         ASSAM
          PIN - 781333.

         4: SRI KALA RAM MOCHAHARY
          S/O LT. PRATAP CH.MOCHAHARY
         R/O VILL- BARKHUA
          P.O. KHARUA
         DIST. BAKSA
         ASSAM
          PIN - 781333.

         5: SRI DILIP BARMAN
          C/O SRI GOPESH DAS
         R/O VILL- NIZ ZULUKI
          P.O. BARAMA
         DIST. BAKSA
         ASSAM
                            Page No.# 2/16

PIN - 781333.

6: MISS MINU DAS
 D/O LT. BALAK DAS
R/O VILL- ROUMARI
 P.O. SAMUGUTI

DIST. BAKSA
ASSAM
PIN - 781333.

7: SRI SUMI BRAHMA
 D/O DINESH BARHMA
R/O IVLL- BANGALIPARA
P.O. NIZ BANGALIPARA
DIST. BAKSA
ASSAM
 PIN - 781333.

8: SRI RAHUL KALITA
 S/O KAMALESWAR KALITA
R/O VILL- BILPAR
 P.O.
SATHISAMUKHA
DIST. BAKSA
ASSAM
 PIN - 781333.

9: SMTI. USHA DEWRY
 D/O NANDESWAR DEWRY
R/O VILL- BANGOAN

P.O. BARAMCHARY
 DIST. BAKSA
ASSAM
 PIN - 781333.

10: MD. CHANDMAHAMAD ALI
 S/O MAKIBAR RAHMAN
R/O VILL- GERUA
 P.O. GARUA
DIST. BAKSA
ASSAM
 PIN - 781333.

11: SMTI. SIKHA KALITA
W/O SRI DEBEN CH. KALITA
R/O VILL- GELPEJAR
                                    Page No.# 3/16

P.O.MERKUCHI
DIST. BAKSA
ASSAM
 PIN - 781333.

12: SRI DIGANTA CHAKRABARTY
 S/O SRI BANI KT. CHAKRABARTY
R/O VILL- BARAMA
 P.O. BARMA
DIST. BAKSA
ASSAM
 PIN - 781333.

13: SMTI. KRISHNA KALITA
 S/O SACHIN KALITA
R/O VILL- BRAHMA
 P.O. BARMA
DIST. BAKSA
ASSAM
 PIN - 781333.

14: SRI NALINI KT. BHATTACHARJYA
 S/O LT. BANI KT. BHATTACHARJYA
R/O VILL- NIZ JULUKI
 P.O. BARMA
DIST. BAKSA
ASSAM
 PIN - 781333.

15: MISS. GAYATRI CHETRY
 D/O LATE SURJYA BAHADUR CHETRY
R/O VILL- GOPINATHPUR
P.O. KUMARIKATA
DIST. BAKSA
ASSAM
 PIN - 781333.

16: SMTI. NANDITA GOSWAMI
 W/O SRI MONOJ KR. SARMAH
R/O VILL- DAKAUNIA
P.O. GOBARADAL
DIST. BAKSA
ASSAM
 PIN - 781333.

17: MISS. RINGKUMANI TALUKDAR
 D/O BINOY KR. TALUKDAR
R/O VILL- LABDUNGURI PATHAR
                                 Page No.# 4/16

P.O. LABDUNGURI
DIST. BAKSA
ASSAM
 PIN - 781333.

18: SMTI. JAYANTI MOCHAHARY
 D/O SRI NARESWAR MOCHAHARY
R/O VILL- AND P.O. DALBARI
DIST. BAKSA
ASSAM
 PIN - 781333.

19: SRI SANKAR MEDHI
 S/O LT. TARANI MEDHI
R/O VILL AND P.O. KALZAR
DIST. BAKSA
ASSAM
 PIN - 781333.

20: SRI MITHISAR GWRA NARZARY
 S/O SRI THANESWAR NARZERA
R/O VILL AND P.O. CHECHAPANI
DIST. BAKSA
ASSAM
 PIN - 781333.

21: SRI SAGAR RAMCHIARY
 S/O CHANDRA KT. RAMCHIARY
R/O VILL- UTTARPARA
P.O. BAGANPARA
DIST. BAKSA
ASSAM
 PIN - 781333.

22: SMTI. DIPALI KALITA
W/O PHANIDHAR KALITA
R/O VILL- BARZAR
 P.O. BARAMA
DIST. BAKSA
ASSAM
 PIN - 781333.

23: SMTI. SANGEETA DEKA
 D/O ANIL DEKA
R/O VILL- BARJHAR
 P.O. BARAMA
DIST. BAKSA
ASSAM
                                   Page No.# 5/16

PIN - 781333.

24: MISS. JANUTA DEUWRY
 D/O NANDESWAR DEUWRY
R/O VILL- BANGAON

P.O. BARAMCHARI
DIST. BAKSA
ASSAM
 PIN- 781333.

25: SMTI. ALOKA DAS
W/O SRI SUKLA MOCHAHARY
R/O VILL AND P.O. BARAMA
DIST. BAKSA
ASSAM
 PIN - 781333.

26: SRI BENUDHAR DAS
 S/O RATNESWAR DAS
R/O VILL- NIZ JULUKI
 P.O. BARAMA
DIST. BAKSA
ASSAM
 PIN - 781333.

27: SRI KULAJIT DEWRY
 R/O VILL- BONGOAN
P.O. BARAMCHARI
DIST. BAKSA
ASSAM
 PIN - 781333.

28: SRI PARESH KALITA
 R/O VILL- DAKUNIA
P.O. GABARADAL
DIST. BAKSA
ASSAM
 PIN - 781333.

29: SMTI. RUBI BHATTA
 W/O NALINI KANTA BHATTACHARYYA
R/O VILL- ZULUKI
P.O. BARAMA
DIST. BAKSA
ASSAM
 PIN - 781333.
                             Page No.# 6/16

30: SRI TILAK CH. ROY
 S/O JADU RAM ROY
R/O VILL- BUNMAJA
P.O. BUN MUN KHATA
DIST. BAKSA
ASSAM
 PIN - 781333.

31: SRI RAJEN MOCHAHARY
 S/O BAGUN MOCHARAY
R/O VILL AND P.O. DALBARI
DIST. BAKSA
ASSAM
 PIN - 781333.

32: SRI SURANJITA KALITA
 R/IO VILL- BHOGPUR
P.O. BARAMA
DIST. BAKSA
ASSAM
 PIN - 781333.

33: SRI BHUPEN SWARGIARY
 S/O KHOGEN SWARGIARY
R/O VILL- KOKLABARI

P.O. DALBARI

DIST. BAKSA
ASSAM
PIN - 781333.

34: MISS. MAIJAN BEGUM
 D/O MAZNUR ALI
R/O VILL- RATANPUR
P.O. DIGHELI
DIST. BAKSA
ASSAM
 PIN - 781333.

35: SMTI. RITU BASUMATARY
 W/O SRI CHAMPAK BORO
R/O VILL- ALGIHAR
P.O. BARAMA
DIST. BAKSA
ASSAM
 PIN - 781333.
                              Page No.# 7/16

36: SMTI. KANCHAN GAYARI
 D/O LT. JOY RAM GAYARI
R/O VILL AND P.O. BAGHMARA
BARBARI L.P. SCHOOL

DIST. BAKSA
ASSAM
PIN - 781333.

37: SRI MRINAL KUMAR DAS
 S/O LT. PRAFFULA KR. DAS
R/O VILL- UZAN BARBARI
P.O. KADAIGURI

DIST. BAKSA
ASSAM
PIN - 781333.

38: MD. AIJUDDIN AHMED
 S/OLT. AKBAR ALI
R/O VILL- RATANPUR
 P.O. DHEGELI
DIST. BAKSA
ASSAM
 PIN - 781333.

39: SMTI. JURI KALITA
 D/O JIBAN CH. KALITA
R/O VILL- BHOGPUR
 P.O. BARAMA
DIST. BAKSA
ASSAM
 PIN - 781333.

40: MISS. BASANTI BORO
 D/O SRI MEBAO BORO
R/O VILL- BAMUNDABA
P.O. MEDAGHAT
DIST. BAKSA
ASSAM
 PIN - 781333.

41: SMTI. MINATI NARZARY
 W/O SRI THANESWAR NARZARY
R/O VILL- HAZIRA
P.O. BENNABARI
DIST. BAKSA
ASSAM
                               Page No.# 8/16

PIN - 781333.

42: SMTI. MOHINI BASUMATARY
 D/O LT.NARAYAN BASUMATARY
R/O VILL- CHOUDHURYPARA
P.O.KOKLABARI
DIST. BAKSA
ASSAM
 PIN - 781333.

43: SRI HITESH TALUKDAR
 S/O SRI MAHENDRA TALUKDAR
R/O VILL- KADAIGURI
 P.O. KADOIGURI
 DIST. BAKSA
ASSAM
 PIN - 781333.

44: SMTI. RITA SWARGIARY
 D/O KALARAM SWARGIARY
R/O VILL- HATIRTARI
P.O. ATHIABARI

DIST. BAKSA
ASSAM
PIN - 781333.

45: SMTI PRAMILA RAMCHIARY
 D/O KARUNA RAMCHIARY
R/O VILL- KHAMRIGOAN
P.O. DHANBIL
DIST. BAKSA
ASSAM
 PIN - 781333.

46: SMTI. BARNALI SARMA
W/O ARUP BARO
R/O VILL- AND P.O. MURMELA

DIST. BAKSA
ASSAM
PIN - 781333.

47: SRI APURBA BARMAN
 S/O UDAY BARMAN
R/O VILL- PUB BARJHAR
P.O. BARMA
                                 Page No.# 9/16

DIST. BAKSA
ASSAM
PIN - 781333.

48: SMTI. DEPANJALI MEDHI
 D/O TARANI MEDHI
R/O VILL-KALJHAR
 P.O. BARMA
DIST. BAKSA
ASSAM
 PIN - 781333.

49: SRI CHANDAN KALITA
 S/O JIBAN CH. KALITA
R/O VILL- BHOGPUR (NAKTIPRA)
P.O. BARMA

DIST. BAKSA
ASSAM
PIN - 781333.

50: SRI BIRESWAR BASUMATARY
 S/O LT. MELORAM BORO
R/O VILL- BARAIGOAN
 P.O. TAMULPUR
DIST. BAKSA
ASSAM
 PIN - 781333.

51: MD. ABDUL MANNAF ALI
 S/O ABDUL KADIR ALI
VILL- MAKHARIA
 P.O. BARAMA
DIST. BAKSA
ASSAM
 PIN - 781333.

52: SMTI. GITANJALI KALITA
W/O SRI TARUN BARMAN
R/O VILL- ALAGZAR
 P.O. BARAMA
DIST. BAKSA
ASSAM
 PIN - 781333.

53: SRI GOJEN DAS
 S/O SRI RAMESH DAS
R/O VILL AND P.O. SAUDARVITHA
                              Page No.# 10/16

DIST. BAKSA
ASSAM
PIN - 781333.

54: SMTI. MANJU BARO
 D/O DHARMESWAR BARO
R/O VILL AND P.O. MURMELA
DIST. BAKSA
ASSAM
 PIN - 781333.

55: SRI BIBEK NATH
 S/O SRI NAGEN NATH
R/O VILL- UTTAR BARTARY
P.O. ANADA BAZAAR

DIST. BAKSA
ASSAM
PIN - 781333.

56: SRI AKHIL BORO
 S/O SRI NAGEN CH. BORO
R/O VILL- RANGAFALI
P.O. NAHERBARI

DIST. BAKSA
ASSAM
PIN - 781333.

57: SMTI. MANIMA DEWRY
 D/O SRI RUPNATH DEWRY
R/O VILL- BANGOAN
P.O. BARAMCHARI

DIST. BAKSA
ASSAM
PIN - 781333.

58: SMTI. BEAUTY DAS
 D/O SRI MAHENDRA DAS
R/O VILL AND P.O. SAUKUCHI
DIST. BAKSA
ASSAM
 PIN - 781333.

59: SRI NALIN MOCHAHARY
 S/O MONI MOCHAHARY
R/O VILL AND P.O. DABARI
                                                   Page No.# 11/16

DIST. BAKSA
ASSAM
PIN - 781333.

60: SMTI. LATIFA CHETRY
W/O LT. SURJA BAHADUR CHETRY
R/O VILL- GOPINATHPUR
 P.O. KUMARIKATA

DIST. BAKSA
ASSAM
PIN - 781333.

61: MISS. ANJALI GOYARY
 D/O SRI HARENDRA NATH GOYARY
R/O VILL- UDUGOAN

P.O. NIMUA
DIST. BAKSA
ASSAM
 PIN - 781333

VERSUS

THE STATE OF ASSAM AND 11 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR,
GUWAHATI - 6

2:THE COMMISSONER AND SECRETARY
TO THE WPT AND BC DEPARTMENT
 GOVT. OF ASSAM
 DISPUR
 GUWAHATI -06.

3:THE SECRETARY TO THE GOVT. OF ASSAM

EDUCATION DEPARTMENT
DISPUR
GUWAHATI-06.

4:THE SECRETARY

FINANCE (SIU)

(DEPARTMENT)
 DISPUR
 GUWAHATI-06.
                                               Page No.# 12/16


5:THE BODOLAND TERRITORIAL COUNCIL

REP. BY THE PRINCIPAL SECRETARY
BTC

KOKRAJHAR

ASSAM
PIN - 783370.

6:THE ADDITIONAL PRINICPAL SECRETARY

BTC
KOKRAJHAR
ASSAM

PIN - 783370.

7:THE SECRETARY
 EDUCATION DEPARTMENT

BTC
KOKRAJHAR
ASSAM
PIN- 783370.

8:THE DIRECTOR OF EDUCATION

BTC
KOKRAJHAR
ASSAM
PIN - 783370.

9:THE DISTRICT ELEMENTARY EDUCATION OFFICER

MUSHALPUR
DIST. BAKS
ASSAM
PIN - 781333.

10:THE DEPUTY INSPECTOR OF SCHOOLS

BAKSA
MUSHALPUR

DIST. BAKSA
ASSAM
                                                                          Page No.# 13/16

             PIN - 781333.

            11:THE B.E.E.O. BAKSA MUSHALPUR/
            TIHU-BARAMA/ JALAH- GOBARDHANA/ GORESWAR/ TAMULPUR

            DIST. BAKSA
            ASSAM
            PIN - 781333

Advocate for the Petitioner   : MR. A R BHUYAN, MR. R M CHOUDHURY (R-1,2,25),MR. M A I
HUSSAIN,N ISLAM

Advocate for the Respondent : SC, ELEM. EDU, SC, WPT AND BC,GA, ASSAM,SC, BTC,SC,

FINANCE DEPTT.

-B E F O R E -

HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA 24.07.2025 (Ashutosh Kumar, CJ) We have heard Mr. A.R. Bhuyan, learned Advocate for the appellants and Mr. S. Bora, learned Standing Counsel for the BTC.

2. This is an appeal in a very strange set of facts.

3. The appellants claim that against an advertisement issued in the year 2002, they had applied for being selected/appointed on the posts of Assistant Teachers in schools under Baksa District falling under the territorial and administrative jurisdiction of Bodoland Territorial Council (hereinafter referred to as BTC"). Their names found mention in the Select List. Since the recruitment was not being made against the Select List, the appellants had approached this Court and had obtained a direction that the appointments be made from the Select List, in order of merit but subject to the Reservation Policy.

Page No.# 14/16

4. Pursuant to such a direction, the appellants were appointed.

5. Some of the persons who were not recruited, put up a challenge against the appointment of the appellants and filed a writ petition before this Court, in which an order was passed sometimes in 2016 staying the appointment orders of the appellants. Thereafter, the Director of Education, BTC had issued notice to the appellants asking them to reply as to why their appointment orders be not cancelled and later by separate orders the appointment of the appellants were cancelled.

6. Challenging the afore-noted termination/cancellation of the appointment of the appellants, the appellants came up before this Court, vide writ petition number WP(C) 6328/2018. The learned Single Judge however found that the BTC had asked the appellants only to furnish documents to substantiate their claim that they were appointed against regular posts, as there was no official record of any such process having been undertaken in the past.

7. Though an effort was made to procure evidence of the process having been initiated and the appellants having been declared successful, but there was no corresponding record in the office of the Education Department of BTC. In the records of the Education Department, the only document of substance which was available was a Notification for Advertisement.

8. After giving a thoughtful consideration of the matter, the learned Single Judge, expressing his regret that neither the appointment of the appellants nor the cancellation of their appointments could be said to be justified, concluded that there was no record of any employment advertisement which would have had in any way reached out to the public at large or anything to suggest that the process was undertaken on which date. Right from the beginning to the end Page No.# 15/16

of the recruitment process, there was no record.

9. As we said earlier, this is not only strange but pathetic state of affairs.

10. The learned Single Judge could not have passed any other judgment in these set of facts.

11. Mr. Bhuyan, learned Advocate has submitted that the employer is the custodian of records and merely because the records of the recruitment process is not preserved in the office, there cannot be any assumption of fraud on the part of the appellants. The blame should only be thrown on the employer and not on them.

12. Under such circumstances, the learned Single Judge, it has been argued, ought to have extended the scope of hearing of the writ petition and should have called for a report from the respective department of BTC or should have ordered for an inquiry in the matter.

13. We are of the view that in a case of this kind, an inquiry should have been conducted as to how there was in existence, at the time when the matter reached the Court for the first time, a Select List against which no recruitment was being made. Later, the attention of this Court was drawn to another writ petition challenging the appointment of the appellants, when on certain considerations, the operation of the appointment orders were stayed. It was only thereafter that inquiry was made from the respective appellants about documents to prove that the appellants had participated against a recruitment process and had come out successful.

14. We do not know who is to be blamed. However, under the circumstances, as we have already noted, there was no other way in which the learned Single Judge could have decided the case. We, expressing our surprise, dismiss this Page No.# 16/16

appeal and only observe O tempora, o mores.

                         JUDGE                CHIEF JUSTICE



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