Moktar Hussain vs The State Of Assam And 2 Ors
2025 Latest Caselaw 4211 Gua

Gauhati High Court

Moktar Hussain vs The State Of Assam And 2 Ors on 19 March, 2025

                                                                         Page No.# 1/26

GAHC010017192020




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

                                 Case No. : WP(C)/994/2020

            MOKTAR HUSSAIN
            S/O. JAMSHED ALI SARKAR, SCIENCE GRADUATE TEACHER, PUBLIC
            HIGH SCHOOL, KHOPATIA, P.O. HAZIRHAT, DIST. SOUTH SALMARA,
            MANKACHAR, ASSAM, PIN-783128.

            VERSUS

            THE STATE OF ASSAM AND 2 ORS.
            REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, SECONDARY
            EDUCATION, DEPTT., ASSAM CIVIL SECRETARIAT, DISPUR, GUWAHATI-06.

            2:THE DIRECTOR OF SECONDARY EDUCATION
            ASSAM
             KAHILIPARA
             GUWAHATI
            ASSAM
             PIN-781019.

            3:THE INSPECTOR OF SCHOOLS

             DHUBRI DISTRICT CIRCLE
             DHUYRI
             ASSAM

Advocate for the Petitioner   : MR. A K DUTTA, MR. B PURKAYASTHA

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




             Linked Case : WP(C)/3967/2024
                                               Page No.# 2/26

RANJIT DAS AND 65 ORS.
S/O LATE NABA RAM DAS
ASSISTANT TEACHER KALAIN HS SCHOOL
DOA-01.12.1989
R/O VILL TARAPUR
PO JALALPUR
DIST. CACHAR
ASSAM
PIN-788816.

2: SRI O SONOT KUMAR SINGHA
S/O O LALA SINGHA
ASSISTANT TEACHER
 BNMP AND HS SCHOOL
 DHOLAI
 DOA-30.12.2005
 R/O VILL. BONTARAPUR
 PO SUNDARI
 DIST. CACHAR
ASSAM
 PIN-788099.

3: GIAS UDDIN CHOUDHURY
S/O LATE AZIZUR RAHMAN CHOUDHURY PGT
KALIGANJ PUBLIC HS SCHOOL
KARIMGANJ
DOA-08.05.1990
R/O VILL. RANGAUTI PART-I
PO RANGAUTI
DIST. HAILAKANDI
ASSAM
PIN-788155.

4: SANKAR TEWARI
S/O LATE KAPIL DEW TEWARI ASSISTANT TEACHER
HINDI
A K AZAD HIGH SCHOOL
MANIKGANJ
KARIMGANJ
DOA-28.12.1993
R/O VILL AND PO HATIKHIRA
DIST. KARIMGANJ
ASSAM
PIN-788726.

5: K NILA KUMAR SINGHA
S/O LATE K BABATON SINGHA ASSISTANT TEACHER
SIBPHUR HIGH SCHOOL
                                              Page No.# 3/26

CACHAR
DOA-27.03.2001
R/O VILL CHAPROW
PO LAKHIPUR
DIST. CACHAR
ASSAM
PIN-788103.

6: TH AMARJIT SINGH
LATE TH LALA SINGH ASSISTANT TEACHER
SRIBAR HIGH SCHOOL
DOA-28.11.1994
R/O VILL CHANDPUR
PO LALANG PART-II
DIST. CACHAR
ASSAM
PIN-788098.

7: KRISHNA GOALA
S/O RAMRUP GOALA
ASSISTANT TEACHER
HINDI
BUDHAN HS SCHOOL
KARIMGANJ
DOA-20.05.1992
R/O VILL. AND PO OLIVIACHERRA
DIST. KARIMGANJ
ASSAM
PIN-788726.

8: MD. EKLASUR RAHMAN CHOUDHURY
S/O LATE SONAHOR ALI
ASSISTANT TEACHER (ARABIC)
RATABARI HIGH SCHOOL
KARIMGANJ
DOA-07.10.1993 R/O EAST SARKARIBARI
PO RATABARI
KARIMGANJ
ASSAM
PIN-788735.

9: HIMANISH PURKAYASTHA
S/O LATE HARIPADA PURKAYASTHA DEMONSTRATOR
PHYSICS
NEHERU HS SCHOOL
DOA- 27.09.1994
PAILAPOOL
R/O VILL. JOYPUR PART-II
                                                       Page No.# 4/26

PO JOYPUR
RAJABAZAR
DIST. CACHAR
ASSAM
PIN-788107.

10: M. BIRCHANDRA SINGHA
S/O M. PHOIREM SINGHA
PGT HISTORY
RCBP HS SCHOOL
CACHAR
DOA-07.04.1992
R/O VILL. JOYPUR PART-I
(MODI BASTI) PO SARADAPALLY
DIST. CACHAR
ASSAM
PIN-788107.

11: KABERI BORA BORDOLOI
D/O LATE SOBHAN CH. BORA ASSISTANT TEACHER ASSAMESE
RAMKRISHNA VIDYAPITH HS SCHOOLS
KARIMGANJ
DOA-24.04.1993
R/O VILL AND PO RAMKRISHNANAGAR
NEAR BANDHAN BANK
DIST. KARIMGANJ
ASSAM
PIN-788166.

12: BRISADHAJA MUKHARJEE
S/O LATE RAMNARAYAN MUKHARJEE ASSISTANT TEACHER
RASHIK NATH HIGH SCHOOL
KARIMGANJ
DOA-27.02.1996
R/O VILL. RAJARGAON
PO PATHARKANDI
DIST. KARIMGANJ
ASSAM
PIN-788735.

13: KALYAN DAS
S/O LATE KHIRODE DAS
ASSISTANT TEACHER GANDHAI HS SCHOOL
DOA-08.03.2001 R/O KALYAN VILLA
OPPOSITE BABALILA SHIB MANDIR
PO SILCHAR ROAD
SARISHA
DIST. KARIMGANJ
                                        Page No.# 5/26

ASSAM
PIN-788713.

14: PRITAM KR SAHA
S/O LATE PARESH CHANDRA SAHA
ASSISTANT TEACHER
GOBARDHANA HIGH SCHOOL
BARPETA
DOA-05.03.1992
R/O WARD NO.4
PO BARPETA ROAD
DIST. BARPETA
ASSAM
PIN-781315.

15: CHARU CHAKRABARTY
S/O HAREKRISHNA CHAKRABARTY
ASSISTANT TEACHER
DBVM HIGH SCHOOL
BARPETA
DOA-28.10.1991
R/O VILL SRIMANTAPUR
PO AND DIST. BARPETA
ASSAM
PIN-781301.

16: SMTI SHIKHA DUTTA
D/O LATE SUDHAMOY DUTTA
ASSISTANT TEACHER
SRIGOURI HIGH SCHOOL
SRIGOURI
DOA-30.11.1993
R/O VILL KUCHIRKONA PO SRIGOURI
DIST. KARIMGANJ
ASSAM
PIN-788806.

17: JAYANTA KR. SHYAM CHOUDHURY
S/O LATE JAGADABABDA SHYAM CHOUDHURY
ASSISTANT TEACHER
RAMKRISHNA VIDYAPITH HS SCHOOL
DOA-19.11.1991
R/O VILL. AND PO RAMKRISHNA NAGAR
DIST. KARIMGANJ
ASSAM
PIN-788166.

18: ASIT CHAKRABORTY
                                    Page No.# 6/26

LATE JITENDRA LAL CHAKRABORTY
PGT
BOTANY
CVP HIGHER SECONDARY SCHOOL
DOA-06.03.1990
R/O PO AND TOWN RAMKRISHNA NAGAR
COLLEGE ROAD
DIST. KARIMGANJ
ASSAM
PIN-788166.

19: MD. EKRAMUL HUSSAIN
S/O LATE ABDUL RAHMAN
ASSISTANT TEACHER
DOJ-24.04.1992
BORBHUTI HIGH SCHOOL
DHING
VILL. AND PO BORBHUTI
DIST. NAGAON
ASSAM
R/O VILL. AND PO BECHAMARI
DIST. NAGAON
ASSAM
PIN-782123.

20: MD. WAHIDUL RAHMAN KHAN
S/O LATE ABDUL JABBAR KHAN
ASSISTANT TEACHER
DOJ-01.02.1996
SUTARGAON PUBLIC HIGH SCHOOL
NAGAO
R/O VILL. AND PO MOIRABARI
DIST. NAGAON
ASSAM
PIN-782126.

21: MRS. SULTANA RUMI
W/O MD. BAHARUL ISLAM
ASSISTANT TEACHER
DOJ-22.12.1967
SUTARGAON PUBLIC HIGH SCHOOL
NAGAON
R/O VILL. AND PO NOINABARI
DIST. MORIGAON
ASSAM
PIN-782126.

22: MRS. NAZIRA BEGUM
                                        Page No.# 7/26

W/O ASHIQUR REHMAN KHAN
ASSISTANT TEACHER
DOJ-06.05.1999
SUTARGAON PUBLIC HIGH SCHOOL
R/O VILL AND PO- MOIRABARI
DIST. NAGAON
ASSAM
PIN-782126.

23: MD. SAIDUR RAHMAN
S/O SHAHED ALI
ASSISTANT TEACHER
DOJ-07.10.1993
KADHULIMARI KHAIRAMARI HIGH MADRASSA
NAGAON
R/O VILL. KANDHULIMARI NO.2
PO KANDHULIMARI
DIST. NAGAON
ASSAM
PIN-782123.

24: SUDHIR CHANDRA MANDAL
S/O LATE SURESH CHANDRA MANDAL
ASSISTANT TEACHER
GHAGRA NEHRU HIGH SCHOOL
SONITPUR
DOJ 01-02-1992
DOA 31-01-1992
R/O VILL. WARD NO 5
DHEKIAJULI
PO DHEKIAJULI
DIST. SONITPUR
ASSAM
PIN-784110.

25: NAKUL KUMAR DAS
S/O LATE SANATAN DAS
ASSISTANT TEACHER
NETAJI BIDYAMANDIR HIGH SCHOOL
SONITPUR
DOJ 14-09-1998
DOA 11-09-1998
R/O VILL. GHAGRA GAON
PO GHAGRA (VIA. DHEKIAJULI)
DIST. SONITPUR
ASSAM
PIN 784110.
                                Page No.# 8/26

26: MADHURJYA KAMAL HAZARIKA
S/O LALIT CHANDRA KALITA
ASSISTANT TEACHER
BIHAGURI H.S SCHOOL
DOJ 14-09-1998
DOA 11-09-1998
R/O VILL. KALITA GAON
PO BIHAGURI
DIST. SONITPUR
PIN 784153.

27: DWIJEN NATH
S/O LATE RASHADHAR NATH
ASSISTANT TEACHER
JUGAL HIGH SCHOOL
SONITPUR
DOJ 06-12-1999
DOA 03-12-1999
R/O VILL. DHEKIAJULI
PO DHEKIAJULI
DIST. SONITPUR
ASSAM
PIN 784110

28: JAYANTA SAIKIA
S/O DEBEN SAIKIA
ASSISTANT TEACHER
SIRAJULI HIGH SCHOOL
SONITPUR
DOJ 01-04-1992
DOA 25-03-1992
R/O VILL. SIRAJULI
PO SIRAJULI
DIST. SONITPUR
ASSAM
PIN 784117.

29: MIRA BORAH
D/O LATE TILESWAR BORAH
ASSISTANT TEACHER
DUBIA H.S SCHOOL
BISWANATH
DOJ 25-05-2004
DOA 23-09-1993
R/O VILL. CHATRANG MAZGAON
PO GOHAPUR
DIST. BISWANATH
PIN 784168.
                                                    Page No.# 9/26


30: DWIJENDRA NATH SHARMA
S/O LATE KHAGENDRA NATH SARMA
ASSISTANT TEACHER
GAHAMARI HIGH SCHOOL
SONITPUR
DOJ 06-03-1992
DOA 04-03-1992
R/O VILL. BASANTIPUR
PO TEZPUR
DIST. SONITPUR
ASSAM
PIN 784001.

31: INDRAJIT BORA
S/O KESHAB BORAH
ASSISTANT TEACHER
SURJYODOI HIGH SCHOOL
SONITPUR
DOJ 12-03-2001
DOA 08-03-2001
R/O VILL. SAIKIACHUBURI
MAZGAON TEZPUR
PO TEZPUR
DIST. SONITPUR
PIN 784001.

32: UTPAL NATH
S/O LATE GOJAR CH NATH
ASSISTANT TEACHER
BALIPARA HIGHER SECONDARY SCHOOL
SONITPUR
DOJ 15-09-1998
DOA 11-09-1998
R/O VILL. BAMGAON
PO BALIPARA
DIST. SONITPUR
ASSAM
PIN 784101.

33: SATYA RANJAN NATH
S/O LATE PUNYESWAR NATH
ASSISTANT TEACHER
BESSERIA ADARSHA UCHCHA MADHYMIK KANYA VIDYALAYA
SONITPUR
DOJ 01-12-1986
DOA 23-10-1986
R/O VILL. KONAI BORA CHUBURI
                                     Page No.# 10/26

PO BESSERIA
DIST. SONITPUR
PIN 784150.

34: LAKHIMA DEVI
D/O LATE PADMA KANTA NATH
ASSISTANT TEACHER
BESSERIA H.S SCHOOL
SONITPUR
DOJ 28-04-1993
DOA 27-04-1993
R/O VILL. BAMBESSERIA
PO BESSERIA
DIST. SONITPUR
PIN 784150.

35: SARAT DAS
S/O PADMA KANTA DAS
ASSISTANT TEACHER
JAMUGURI ADARSHA HIGH SCHOOL
SONITPUR
DOJ 19-07-1999
DOA 07-07-1999
R/O VILL. SESASATRA
PO JAMUGURI HAT
DIST. SONITPUR
ASSAM
PIN 78418

36: HARIPAD CHOUDHARY
S/O HARAMOHAN CHOUDHARY
ASSISTANT TEACHER
MAZROWMARI HIGH SCHOOL
SONITPUR
DOJ 20-09-1993
DOA 17-09-1993
R/O VILL. BALISIHA
PO DHEKIAJULI
DIST. SONITPUR
PIN 784110.

37: ANUPAM BORTHAKUR
S/O LATE SIVA NATH BORTHAKUR
ASSISTANT TEACHER
DERING PATHER HIGH ENGLISH SCHOOL
BISWANATH
DOJ 01-02-1996
DOA 30-01-1996
                                  Page No.# 11/26

R/O VILL. BISWANTH PURANI GAON
PO BISWANATH GHAT
DIST. BISWANATH
PIN 784177.

38: MONIKA GURIYA
D/O LATE JUNAJ GURIA
ASSITENT TEACHER
GOHPUR H.S SCHOOL
BISWANATH
DOJ 15-02-1996
DOA 03-01-1996
R/O VILL. GOHAPUR MILAN NAGAR
WARD NO 5
PO GOHAPUR
DIST. BISWANATH
PIN 784168.

39: JHARNA BORKATAKI
D/O LATE JARUN CH. BARKATAKI
ASSISTANT TEACHER
BENGALI GIRLS HIGH SCHOOL
SONITPUR
DOJ 27-04-1993
DOA 26-04-1993
R/O- VILL- BAMUNPARBATIA
P.O.-HAZARAPAR
DIST. SONITPUR
PIN-784001.

40: NABA KUMAR MALI
S/O LATE SIBACHARAN MALI
ASSISTANT TEACHER
GEETANAGAR HIGH SCHOOL
KAMRUP (METRO)
DOJ 29-06-1993
DOA 29-04-1993
R/O- VILL- MIRZA SANTIPUR
NEAR NIJESWARI MANDIR
PROFESSOR COLONY
P.S.- PALASHBARI
DIST. KAMRUP
PIN-781125.

41: ANIL CHANDRA KALITA
S/O LATE SUKU RAM KALITA
ASSISTANT TEACHER
DAGAON HIGH SCHOOL
                                      Page No.# 12/26

KAMRUP
DOJ 02-01-1993
DOA 01-01-1993
R/O- VILL ANDP.O.-MADHUKUCHI
P.S. RANGIA
DIST. KAMRUP
PIN-781354.

42: GANESH CHANDRA KAKATI
S/O BHABIN CHANDRA KAKATI
ASSISTANT TEACHER
PUB PAR GANDHIJI H E VIDYAPITH
KAMRUP
DOJ 01-12-1994
DOA 23-11-1994
R/O- VILL- DWIGUNPAR (LEZA)
P.O.-BARUAJANI
P.S. KAMALPUR
DIST. KAMRUP
PIN-781380.

43: OAHEDOR RAHMAN
S/O LATE MOKSHED ALI
ASSISTANT TEACHER
ARJUN DEV HIGH SCHOOL
KAMRUP
DOJ 30-10-1989
DOA 26-09-1989
R/O- VILL- JATIA BHANGARA
P.O.-LOCH
P.S. BAIHATA CHARIALI
DIST. KAMRUP
PIN-781381.

44: GANESH SARMA
S/O LATE JAYDEV SARMA
ASSISTANT TEACHER
SIDDHINATH VIDYAMANDIR HIGH SCHOOL
RANGIA
KAMRUP
DOJ 05-05-1992
DOA 04-05-1992
R/O- VILL- BANGALIKUCHI
RANGIA
DIST. KAMRUP
PIN-781354.

45: NURUL ISLAM
                                              Page No.# 13/26

S/O LATE ACHAD ALI
ASSISTANT TEACHER
JAWAHARLAL NEHRU H.S. SCHOOL
BAMUNGAON
KAMRUP
DOJ 01-11-1999
DOA 27-10-1999
R/O- VILL- ATHARA
P.O.-PUTHIMARI
P.S. RANGIA
DIST. KAMRUP
PIN-781380.

46: HANIFUDDIN AHMED
S/O LATE HUSSAIN ALI
ASSISTANT TEACHER
RANGIA H.S. SCHOOL
RANGIA
KAMRUP
DOJ 14-05-2003
DOA 09-05-2003
R/O- VILL- RANGIA WARD NO.8
P.O AND P.S. RANGIA
DIST. KAMRUP
PIN-781354.

47: RAMESH CHANDRA BHARALI
S/O CHENIRAM BHARALI
ASSISTANT TEACHER
KAMALPUR HIGH MADRASSA
KAMALPUR
KAMRUP
DOJ 25-05-1992
DOA 12-05-1992
R/O- VILL AND P.O- BAIHATA
P.S. KAMALPUR
DIST. KAMRUP
PIN-781380.

48: MRIDUPABAN BORAH
S/O-LATE KHARGESWAR BORAH
AGE 55
ASSISTANT TEACHER
CHANDRA NATH SARMA HIGHER SECONDARY SCHOOL
SONITPUR
DOJ 29-05-1992
DOA -27.05.1992
R/O- VILL USHA NAGAR
                                                      Page No.# 14/26

P.O.- TEZPUR
TEZPUR
DIST. SONITPUR
PIN-784001.

49: DHIREN BORAH
S/O LATE THANESWAR BORAH
ASSTT TEACHER
CHENGAMARI HIGH SCHOOL
SONITPUR
DOJ 20-10-99
DOA 17-10-94
R/O VILL- BALIJAN PO .CHENGAMARI . DIST. BISWANATH
PIN.784175.

50: SUBRATA KUMAR ROY
S/O LATE SADHU CHARAN ROY
POST GRADUATE TEACHER
HAMIDABAD SR. SECONDARY SCHOOL
DHUBRI
DOA-01.02.2001
R/O- H/NO-79
PORARVITA
P.O JAMADARHAT
DIST. DHUBRI
ASSAM
PIN 783360.

51: JALIL UDDIN AHMED
S/O JAMIR UDDIN AHMED
ASSISTANT TEACHER
KULAMUYA NICHINPUR HIGH SCHOOL
DOA 31.12.1998
R/O PORARVITA
P.O JAMADARHAT
DIST. DHUBRI
ASSAM
PIN 783360.

52: DIPAK KUMAR ROY
S/O LATE NAGENDRA NATH ROY
ASSISTANT TEACHER
BISONDOI D. B. HIGH SCHOOL
DHUBRI
DOA 16-12-2008
R/O VILL- DEBOTTOR HASDAHA PT.IV
P.O. KISMOT HASDAHA
DIST. DHUBRI
                                    Page No.# 15/26

ASSAM
PIN 783334.

53: DIPAK MAZUMDAR
S/O LATE BINOY KRISHNA MAZUMDAR
GRADUATE TEACHER (SC.)
KISMAT HASDAHA HIGH SCHOOL
DHUBRI
DOA 26-04-2010
R/O GAURIPUR TOWN
WARD NO.1
PO AND PS GAURIPUR
DIST. DHUBRI
ASSAM
PIN 783331.

54: TAPOSH KUMAR ROY
S/O NALINI KANTA ROY
GRADUATE TEACHER (SC.)
BATERHAT HIGH SCHOOL
DHUBRI
DOJ- 31-03-2001 DOA 30-03-2001
R/O VILL. BISAINDAI PT-I
P.O. BISAINDAI
DIST. DHUBRI
ASSAM
PIN 783334.

55: FAZLUR RAHMAN
S/O ADDUL KADIR
ASSITANT TEACHER
TOWN HIGH MADRASSA
LAKHIMPUR
DOJ- 01-08-1987
R/O K. B. ROAD
TOWN HIGH MADRASSA
P.O. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM
PIN 787001.

56: SK MOHAMMAD HUSSAIN
S/O KHEJMAT ALI
SUBJECT TEACHER
RANIGANJ HIGHER SECONDARY SCHOOL
DHUBRI
DOA- 09-03-1992
R/O VILL- CHARUAVITA
                                           Page No.# 16/26

P.O. RANIGANJ
DIST. DHUBRI
ASSAM
PIN 783345.

57: ABDUR RAFIQUE
S/O ABDUS SALAM
SUBJECT TEACHER
CHAPAR MADRASSA HIGHER SECONDARY SCHOOL
CHAPAR
DOA- 26-03-1996
R/O VILL- KAZIPARA PART-I
P.O. CHAPAR
DIST. DHUBRI
ASSAM
PIN 783371.

58: JITEN CHOWDHURY
S/O HARI MOHANI CHOWDHURY
SUBJECT TEACHER
HAMIDABAD H.S. SCHOOL
FAKIRGANJ
DHUBRI
DOA- 17-02-2001
R/O ABHAYAPURI
WARD NO.3
P.O. AND P.S ABHAYAPURI
DIST. BONGAIGAON
ASSAM
PIN 783384.

59: BALENDRA RAI KALITA
S/O LATE JANA RAM KALITA
SCIENCE GRADUATE TEACHER
RAIJGHAT HIGH SCHOOL
MANGALDAI
DOA- 26-05-1992
DOJ- 28.05.1992 R/O NEAR NAMGHAR
HUSSAIN CHUBURI
DIST. DARRANG
ASSAM
PIN 784144.

60: PRABIN KUMAR KALITA
S/O KHITESWAR KALITA
SCIENCE GRADUATE TEACHER TEACHER
BHERUA HIGH SCHOOL
DARRANG
                                               Page No.# 17/26

DOA- 04.12.1999
R/O NEAR NAMGHAR
HUSSAIN CHUBURI
DIST. DARRANG
ASSAM
PIN-784144.

61: ABDUL LATIF AHMED
S/O LATE MD. AZIZUR RAHMAN
GRADUATE TEACHER
DHEPDHEPI H.S SCHOOL
DHUBRI
DOA- MARCH
2001
R/O M.V. SCHOOL ROAD
NEAR MASZID
CHARALDANGA
DIST. DHUBRI
ASSAM
PIN 783331.

62: ABDUL MANNAN SHEIKH
S/O HASEN ALI SHEIKH
GRADUATE TEACHER
DURAHATI HIGH SCHOOL
DHUBRI
DOA- 13.10.1987
R/O TISTARPAR
DIST. DHUBRI
ASSAM
PIN 783324.

63: ALTAF HUSSAIN
S/O HAMID ALI SHEIKH
ASSISTANT TEACHER
HADURHAT DHARAMSALA HIGHER SECONDARY SCHOOL
DHUBRI
DOA- 13.09.1994
R/O BIDYAPARA PT.II
P.O KHALILPUR
DIST. DHUBRI
ASSAM
PIN 783324.

64: DEBENDRA NATH ROY
S/O GUNADHAR ROY
ASSISTANT TEACHER
KISMAT HASDAHA HIGH SCHOOL
                                                      Page No.# 18/26

DHUBRI
DOA- 12.04.1993
R/O VILL- SINGIMARI PT.II
DIST. DHUBRI
ASSAM
PIN 783324.

65: DIPALI SEN
W/O BIBEKANANDA SEN
D/O LATE KAMANIYA DEY
ASSISTANT TEACHER
BADARPUR PUBLIC HIGH SCHOOL
BADARPUR
DOA-28.03.1987 R/O S.T. ROAD
WARD NO. 1 P.O. AND P.S. BADARPUR
DIST. KARIMGANJ
ASSAM
PIN 788802.

66: MONORAMA SARMA
W/O DR. RATUL SARMA
RETIRED SUBJECT TEACHER
CHEMISTRY
RAJDHAR BORA H S SCHOOL
AZRA R/O HOUSE NO.19
B/L-5
NAMGHAR UPAPATH
VIDYAMANDIR PATH
PO AND PS BASISTHA
GUWAHATI
KAMRUP(M)
ASSAM
PIN-781029.

ALL THE PETITIONERS FROM SERIAL NO.2 TO 66 HAVE COMMON
ADDRESS OF CORRESPONDENCE C/O SRI RANJIT DAS R/O VILL TARAPUR
PO JALALPUR
DIST. CACHAR
ASSAM
PIN-788816.
VERSUS

THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
SCHOOL EDUCATION
DEPARTMENT
ASSAM CIVIL SECRETARIAT
DISPUR
                                                                   Page No.# 19/26

          GUWAHATI-6.

          2:THE DIRECTOR OF SECONDARY EDUCATION
          ASSAM

          KAHILIPARA
          GUWAHATI
          ASSAM
          PIN-781019.

          3:THE COMMISSIONER AND SECRETARY TO THE GOVT
          OF ASSAM
          DEPARTMENT OF FINANCE
          ASSAM CIVIL SECRETARIAT
          ASSAM
          PIN-781006.

          4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          ADMINISTRATIVE REFORM AND TRAINING DEPARTMENT
          ASSAM CIVIL SECRETARIAT
          ASSAM
          PIN-781006.
          ------------
          Advocate for : MR. B PURKAYASTHA
          Advocate for : SC
          SEC. EDU. appearing for THE STATE OF ASSAM AND 3 ORS



                               BEFORE
                  HONOURABLE MR. JUSTICE ROBIN PHUKAN
                               ORDER

19.03.2025 Heard Mr. B. Purkayastha, learned counsel for the petitioners and Ms. D. Mushahary, learned counsel for the respondent Nos. 6 & 7.

2. The petitioners in these two writ petitions are Graduate/Post Graduate teachers, with B.Ed. degree and serving in different Schools/Higher Secondary Schools. Prior to 03.07.2012, B.Ed. degree was not an essential qualification for being appointed as a teacher, for which one advanced increment was granted to the teachers who had acquired B.Ed. degree vide Page No.# 20/26

one Office Memorandum, dated 07.03.1998. Thereafter, vide Notification No. ASE.229/2013/153, dated 22.03.1998, the Education Department had withdrawn the said benefit.

3. Thereafter, a group of teachers challenged the validity of the said Notification, dated 22.10.2014 in WP(C) No. 3733/2015, wherein a Co- ordinate Bench of this Court, vide order dated 14.12.2015, had upheld the said Notification.

4. Thereafter, another group of teachers had filed another WP(C) No. 6241/2015, and again challenged the said Notification dated 22.10.2014. Then another Co-ordinate Bench of this Court vide order dated 16.02.2016, had set aside the said Notification. The earlier decision of Co-ordinate Bench, dated 14.12.2015, in WP(C) No. 3733/2015, was not brought to the notice of the subsequent Co-ordinate Bench in WP(C) No. 6241/2015.

5. Though, the judgment, dated 16.02.2016, in WP(C) No. 6241/2015, was challenged by the state respondents, before a Division Bench of this Court, in Writ Appeal No. 336/2017, yet, the same was disposed of vide order dated 12.05.2022, as infrutuous. It was not decided on merit.

6. During the course of argument, Mr. Purkayastha, learned counsel for the petitioners, has brought to the notice of this Court, the aforesaid two judgments passed by two different Co-ordinate Bench of this Court. One was being passed in WP(C) No. 3733/2015, and the other in WP(C) No. 6241/2015 and also the order dated 12.05.2022, in Writ Appeal No. 336/2017.

Page No.# 21/26

7. While in WP(C) No. 3733/2015, vide judgment dated 14.12.2015, the validity of Notification dated 22.10.2014, was upheld, in WP(C) No. 6241/2015, vide judgment dated 16.02.2016, the Notification, dated 22.10.2014, was quashed. And as such there are two contradictory decisions holding the same field.

8. In the case of National Insurance Co. Ltd. v. Pranay Sethi, reported in (2017) 16 SCC 680, Hon'ble Supreme Court has held that earlier decision of co-equal bench binds the bench of same strength. The issue was dealt with in the following paragraphs:-

"16. In State of Bihar v. Kalika Kuer (2003) 5 SCC 448] , it has been held : (SCC p. 454, para 10) "10. ... an earlier decision may seem to be incorrect to a Bench of a coordinate jurisdiction considering the question later, on the ground that a possible aspect of the matter was not considered or not raised before the court or more aspects should have been gone into by the court deciding the matter earlier, but it would not be a reason to say that the decision was rendered per incuriam and liable to be ignored. The earlier judgment may seem to be not correct, yet it will have the binding effect on the later Bench of coordinate jurisdiction. ..."

The Court has further ruled : (SCC p. 454, para 10)

"10. ... Easy course of saying that earlier decision was rendered per incuriam is not permissible and the matter will have to be resolved only in two ways -- either to follow the earlier decision or refer the matter to a larger Bench to examine the issue, in case it is felt Page No.# 22/26

that earlier decision is not correct on merits."

17. In G.L. Batra v. State of Haryana , (2014) 13 SCC 759 the Court has accepted the said principle on the basis of judgments of this Court rendered in Union of India v. Godfrey Philips India Ltd. (1985) 4 SCC 369, Sundarjas Kanyalal Bhatija vs. Collector, Thane (1989) 3 SCC 396] and Tribhovandas Purshottamdas Thakkar v. Ratilal Motilal Patel AIR 1968 SC 372. It may be noted here that the Constitution Bench in Madras Bar Assn. v. Union of India [Madras Bar Assn. v. Union of India, (2015) 8 SCC 583] has clearly stated that the prior Constitution Bench judgment in Union of India v. Madras Bar Assn. [Union of India v. Madras Bar Assn., (2010) 11 SCC 1] is a binding precedent. Be it clarified, the issues that were put to rest in the earlier Constitution Bench judgment were treated as precedents by the later Constitution Bench.

18. In this regard, we may refer to a passage from Jaisri Sahu v. Rajdewan Dubey [Jaisri Sahu v. Rajdewan Dubey, AIR 1962 SC 83]: (AIR p. 88, para 10)

"10. Law will be bereft of all its utility if it should be thrown into a state of uncertainty by reason of conflicting decisions, and it is therefore desirable that in case of difference of opinion, the question should be authoritatively settled. It sometimes happens that an earlier decision [Dasrath Singh v. Damri Singh, 1925 SCC OnLine Pat 242 : AIR 1927 Pat 219] given by a Bench is not brought to the notice of a Bench [Ram Asre Singh v. Ambica Lal, AIR 1929 Pat 216] hearing the same question, and a contrary decision is given without Page No.# 23/26

reference to the earlier decision. The question has also been discussed as to the correct procedure to be followed when two such conflicting decisions are placed before a later Bench. The practice in the Patna High Court appears to be that in those cases, the earlier decision is followed and not the later. In England the practice is, as noticed in the judgment in Gundavarupu Seshamma v. Kornepati Venkata Narasimharao, 1939 SCC OnLine Mad 367, that the decision of a Court of Appeal is considered as a general rule to be binding on it. There are exceptions to it, and one of them is thus stated in Halsbury's Laws of England, 3rd Edn., Vol. 22, Para 1687, pp. 799-800:

'1687. ... the court is not bound to follow a decision of its own if given per incuriam. A decision is given per incuriam when the court has acted in ignorance of a previous decision of its own or of a court of a coordinate jurisdiction which covered the case before it, or when it has acted in ignorance of a decision of the House of Lords. In the former case it must decide which decision to follow, and in the latter it is bound by the decision of the House of Lords.' In Katragadda Virayya v. Katragadda Venkata Subbayya 1955 SCC OnLine AP 34 it has been held by the Andhra High Court that under the circumstances aforesaid the Bench is free to adopt that view which is in accordance with justice and legal principles after taking into consideration the views expressed in the two conflicting Benches, vide also the decision of the Nagpur High Court in D.D. Bilimoria v. Central Bank of India, 1943 SCC OnLine MP 97. The better course would be for the Bench hearing the case to refer the matter to a Full Bench in view of the conflicting authorities without taking upon itself to decide whether it should follow the one Bench decision or the other. We have no doubt that when such situations arise, the Bench hearing cases would refer the matter for the decision of a Full Court."

Page No.# 24/26

19. Though the aforesaid was articulated in the context of the High Court, yet this Court has been following the same as is revealed from the afore stated pronouncements including that of the Constitution Bench and, therefore, we entirely agree with the said view because it is the precise warrant of respecting a precedent which is the fundamental norm of judicial discipline.

20. In the context, we may fruitfully note what has been stated in Pradip Chandra Parija v. Pramod Chandra Patnaik, (2002) 1 SCC 1. In the said case, the Constitution Bench was dealing with a situation where the two-Judge Bench [Pradip Chandra Parija v. Pramod Chandra Patnaik, Civil Appeal No. 791 of 1993, order dated 24-10-1996 (SC)] disagreeing with the three-Judge Bench [Nityananda Kar v. State of Orissa, 1991 Supp (2) SCC 516], decision directed the matter to be placed before a larger Bench of five Judges of this Court. In that scenario, the Constitution Bench stated: (SCC p. 4, para 6)

"6. ... In our view, judicial discipline and propriety demands that a Bench of two learned Judges should follow a decision of a Bench of three learned Judges. But if a Bench of two learned Judges concludes that an earlier judgment of three learned Judges is so very incorrect that in no circumstances can it be followed, the proper course for it to adopt is to refer the matter before it to a Bench of three learned Judges setting out, as has been done here, the reasons why it could not agree with the earlier judgment. ..."

21. In Chandra Prakash v. State of U.P., (2002) 4 SCC 234 :

Page No.# 25/26

2002 SCC (L&S) 496, another Constitution Bench dealing with the concept of precedents stated thus : (SCC p. 245, para 22)

"22. ... The doctrine of binding precedent is of utmost importance in the administration of our judicial system. It promotes certainty and consistency in judicial decisions. Judicial consistency promotes confidence in the system; therefore, there is this need for consistency in the enunciation of legal principles in the decisions of this Court. It is in the above context, this Court in Raghubir Singh, (1989) 2 SCC 754, held that a pronouncement of law by a Division Bench of this Court is binding on a Division Bench of the same or smaller number of Judges. ..."

Be it noted, Chandra Prakash [Chandra Prakash v. State of U.P., (2002) 4 SCC 234], concurred with the view expressed in Raghubir Singh [Union of India v. Raghubir Singh, (1989) 2 SCC 754] and Pradip Chandra Parija [Pradip Chandra Parija v. Pramod Chandra Patnaik, (2002) 1 SCC 1]."

9. Thus, drawing premises from the illuminating discourse, specially in the case of Jaisri Sahu (Supra) this court is of the view that the better course to be followed here in this case is to refer the matter to a larger Bench in view of the conflicting authorities without taking upon itself to decide whether it should follow the one Bench decision or the other.

10. Accordingly, it is provided that the Registry shall place the matter before the Hon'ble Chief Justice for constitution of a larger Bench/full Bench to decide whether this Court should follow the decision, dated 14.12.2015, in WP(C) No. 3733/2015, or the decision in WP(C) No. 6241/2015, dated 16.02.2016.

Page No.# 26/26

JUDGE

Comparing Assistant