Mallika Devi vs The State Of Assam And 4 Ors
2025 Latest Caselaw 5788 Gua

Gauhati High Court

Mallika Devi vs The State Of Assam And 4 Ors on 26 June, 2025

Author: Nelson Sailo

Bench: Nelson Sailo

                                                                          Page No.# 1/3

GAHC010141662025




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

                                 Case No. : WP(C)/3643/2025

            MALLIKA DEVI
            W/O. MR. MANOMOHAN SARMA,
            R/O. HOUSE NO. 30, INDRIA GHANDI ROAD,
            SANTIPUR HILLSIDE EAST, P/O. AND P/S. BHARALUMUKH,
            GUWAHATI-781009, DIST. KAMRUP (M), ASSAM.

                              VERSUS

            1: THE STATE OF ASSAM AND 4 ORS.
            REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF
            SCHOOL EDUCATION (SECONDARY EDUCATION DEPARTMENT), ASSAM
            (C) SECRETARIAT, BLOCK-C, DISPUR, GUWAHATI-781006, ASSAM.

            2:THE DIRECTOR OF SECONDARY EDUCATION
            KAHILIPARA GUWAHATI-7810019 ASSAM.

            3:THE DEPUTY DIRECTOR
            SECONDARY EDUCATION GUWAHATI-781019 ASSAM

            4:THE INSPECTOR OF SCHOOLS KAMRUP (M) DISTRICT CIRCLE
            PANBAZAR DIST. KAMRUP 9M0 GUWAHATI-781001 ASSAM.

            5:SUBHALAKSHMI BAROOAH, ASSISTANT TEACHER
            T.C. GOVT. GIRLS H.S. AND M.P. SCHOOL GUWAHATI-781003 DIST.
            KAMRUP (M0 ASSAM



Advocate for the Petitioner   : MR P BHARDWAJ, MR. M SARMA

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

Page No.# 2/3

- BEFORE -

HON'BLE MR. JUSTICE NELSON SAILO

Date : 26-06-2025

Heard Mr. M. Sarma, learned counsel for the petitioner, who submits that the petitioner is aggrieved by the order dated 27.01.2023 (Annexure-G to the writ petition), by which the respondent No.5 has been allowed to hold the charge of Principal on in-charge basis in respect of T.C. Government Girls' H.S. & M.P. School, Guwahati w.e.f. 01.02.2023. Learned counsel for the petitioner submits that there is no dispute to the fact that the petitioner is senior to the respondent No.5 and that she is placed at serial No.68 of the seniority list, while the respondent No.5 is at serial No.80 of the said seniority list. The learned counsel submits that the petitioner has also submitted as many as 3(three) representations, which have not yielded any result till date. He, however, submits that a hearing was conducted on 04.06.2025 in the Office Chamber of the Deputy Director, Secondary Education (respondent No.3) but the outcome of the hearing is not known.

Learned counsel for the petitioner submits that the grievance of the petitioner is fortified by a number of judgments rendered by this Court, which, amongst others, are as follows:-

(I) Judgment & order dated 28.09.2023 passed in I.A. (Civil) No.2615/2023 (Smti. Mouchumi Saharia -Vs- Smti. Rekha Kalita & 3 Ors.)

(ii) Order dated 18.12.2023 passed in WP(C) No.5419/2023 (Tankeswar Nath -Vs- State of Assam & 3 Ors.).

In view of the above, issue notice of motion, returnable by 3(three) weeks.

Page No.# 3/3

Ms. P. Das, learned Standing Counsel, Education (Secondary) Department, accepts notice on behalf of the respondent Nos.1 to 4.

As such, no formal steps are required to be taken in respect of the respondent Nos.1 to 4, as they are duly represented. However, the petitioner shall furnish requisite extra copies of the writ petition to the learned Standing Counsel, Education (Secondary) Department within 2(two) days.

Since the respondent Nos.1 to 4 are duly represented, the petitioner shall take steps for service of notice upon the respondent No.5 only by registered post with A/D within 3(three) working days.

List the matter again on 06.08.2025.

On the next date of fixed, the learned Standing Counsel, Education (Secondary) Department shall obtain instructions as regards the status of hearing, which was said to have been conducted on 04.06.2025, as reflected hereinabove.

JUDGE

Comparing Assistant