Gauhati High Court
Sri Sonen Goyary vs The State Of Assam And Ors on 30 July, 2025
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/5
GAHC010241782023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6793/2023
SRI SONEN GOYARY
S/O- THANEN GOYARY ,
R/O- VILLAGE PUB KACHUKATA,
P.O- KACHUKATA,
P.S- TAMULPUR,
DIST- BAKSA (BTR), ASSAM
VERSUS
THE STATE OF ASSAM AND ORS
REP. BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
ELEMENTARY EDUCATION DEPARTMENT
DISPUR, JANATA BHAWAN, GUWAHATI-6
2:THE BODOLAND TERRITORIAL COUNCIL (BTC)
KOKRAJHAR
REP. BY ITS PRINCIPAL SECRETARY
P.O- KOKRAJHAR
DIST- KOKRAJHAR (BTC)
ASSAM
PIN-783370
3:THE SECRETARY
DEPARTMENT OF EDUCATION
BTC
P.O- KOKRAJHAR
DIST- KOKRAJHAR (BTC)
ASSAM
PIN-783370
Page No.# 2/5
4:THE DIRECTOR OF EDUCATION
BTC
P.O- KOKRAJHAR
DIST- KOKRAJHAR (BTC)
ASSAM
PIN-783370
5:THE PRINCIPAL SECRETARY
TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-0
Advocate for the Petitioner : MR. S K GOSWAMI, MR. R SHARMA,MR N SARMA
Advocate for the Respondent : SC, BTC, SC, ELEM. EDU,SC, FINANCE
Linked Case : WP(C)/6750/2023
SRI MRITYUNJOY DAS
S/O- LATE RAJENDRA DAS
R/O- VILLAGE BARIMAKHA
P.O- LATIBARI
P.S- TAMULPUR
DIST- BAKSA (BTR)
ASSAM
VERSUS
THE STATE OF ASSAM AND ORS
REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM
DEPARTMENT OF ELEMENTARY EDUCATION
DISPUR
GUWAHATI- 781006
2:THE BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
Page No.# 3/5
REP. BY THE PRINCIPAL SECRETARY BTC
P.O AND DIST- KOKRAJHAR
ASSAM
PIN-783370
3:THE SECRETARY
DEPARTMENT OF EDUCATION
BTC
P.O AND DIST- KOKRAJHAR
ASSAM
PIN-783370
4:THE DIRECTOR OF EDUCATION
BTC
P.O AND DIST- KOKRAJHAR
ASSAM
PIN-783370
5:THE PRINCIPAL SECRETARY
TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-06
------------
Advocate for : MR. S K GOSWAMI
Advocate for : SC
BTC appearing for THE STATE OF ASSAM AND ORS
Linked Case : WP(C)/7527/2023
AMULLYA DEKA
S/O- LATE UPEN DEKA
R/O- VILL.- KALCHENI
P.O. KALCHENI
P.S. TAMULPUR
DIST. BAKSA
BTR
ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
Page No.# 4/5
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM
DEPARTMENT OF ELEMENTARY EDUCATION
DISPUR
GUWAHATI-781006.
2:THE BODOLAND TERRITORIAL COUNCIL (BTC)
KOKRAJHAR
REPRESENTED BY ITS PRINCIPAL SECRETARY
P.O. KOKRAJHAR
DIST. KOKRAJHAR
BTR
ASSAM
PIN- 783370.
3:THE SECRETARY
DEPARTMENT OF EDUCATION
BTC
P.O. AND DIST. KOKRAJHAR (BTR)
ASSAM
PIN- 783370.
4:THE DIRECTOR OF EDUCATION
BTC
P.O. AND DIST. KOKRAJHAR (BTR)
ASSAM
PIN- 783370.
5:THE PRINCIPAL SECRETARY
TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GHY-781006.
------------
Advocate for : MR. S K GOSWAMI
Advocate for : SC
ELEM. EDU appearing for THE STATE OF ASSAM AND 4 ORS
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 30-07-2025
Mr. SK Goswami, learned counsel for the petitioner submits that the
case of the petitioner is squarely covered by a recent judgment of a co-
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ordinate Bench of this Court passed on 17.02.2025 in WP(C) 3779/2023
(Shri Rupak Chandra Kalita vs. The State of Assam & Ors.).
On the other hand, Mr. P Nayak, learned Standing Counsel, BTC submits
that a co-ordinate Bench of this Court in a case of similar nature has rejected
the claim of the petitioners. In this connection, he refers to the judgment and
order dated 14.07.2025 passed in WP(C) 6020/2017 (Ganesh Narzary & 116
Ors. vs. The State of Assam & Ors.) and order dated 25.07.2025 passed in
WP(C) 4636/2024 (Mangal Rava & 18 Ors. vs. The State of Assam & 7 Ors.) by
which the earlier judgment rendered in Ganesh Narzary & 116 Ors (supra) was
relied upon.
In view of above, learned counsels for the parties shall examine the
authorities submitted by them and give their respective submissions on the next
date.
List the matters again after 2 (two) weeks, on a date to be fixed by the
Registry.
JUDGE
Comparing Assistant
