Citation : 2026 Latest Caselaw 888 Gua
Judgement Date : 7 February, 2026
Page No.# 1/3
GAHC010122712022
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/370/2022
MUKHESWAR CHINTEY AND 3 ORS
S/O-HEMA NATH CHINTEY,
VILL- BORGOYAN GAON,
P.O- AHOMONI,
DIST- LAKHIMPUR, ASSAM
2: SANJIB PEGU
S/O-DEBEN PEGU
VILL- GANDHIA MISING GAON
P.O- GANDHIA TINIALI
P.S- GHILAMARA
DIST- LAKHIMPUR
ASSAM
PIN-787058
3: SANJIB TAYE
S/O-LAMU TAYE
VILL- ARCHI BORGARAH
P.O- BHAGAWAN
P.S- SILAPATHAR
DIST- DHEMAJI
PIN-787059
ASSAM
4: JYOTSNA MILI
D/O-SASHI MILI
Page No.# 2/3
VILL- TELAM GAMCHUK
P.O- TELAM
P.S- SIMEN CHAPORI
DIST- DHEMAJI
PIN-787061
ASSA
VERSUS
SRI NARAYAN KONWAR AND 2 ORS
SECRETARY GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION ,
ASSAM, DISPUR, GHY-06.
2:SURANJANA SENAPATI
THE DIRECTOR OF ELEMENTARY EDUCATION
KAHILIPARA
GHY 19
KAMRUP (M)
ASSAM
3:TITU GOGOI
THE DEPTUY DIRECTOR OF ELEMENTARY EDUCATION
KAHILIPARA
GHY 19
KAMRUP (M)
ASSA
Advocate for the Petitioner : MR J PAYENG,
Advocate for the Respondent : MR. D SAIKIA (R-1), MR. A PHUKAN (r-1),MR. N J KHATANIAR
(r-1)
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
07.02.2026
Heard Mr. J. Payeng, learned counsel for the petitioners. Also heard Mr. A. Phukan, learned counsel for the respondent.
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Referring to this Court's earlier order dated 06.02.2026, Mr. Phukan, learned counsel for the respondent, on instruction submits that in some of the cases referred in the order dated 06.02.2026, the State of Assam has preferred a review petition and notices has also been issued.
Such review petition has been filed on the ground that though consideration of the appointment of the petitioners were directed, however, those petitioners were not having TET/D.El.Ed. qualification before the advertisement dated 11.03.2018 and they obtained such degree in the year 2019 and therefore, those writ petitioners were not having requisite qualification as on the date of advertisement.
However, Mr. Payeng, learned counsel for the petitioners submits that the fact of the case of the petitioners is different and these petitioners had already obtained the required qualification before 11.03.2018.
In view of the above, Mr. Phukan, learned counsel for the respondent shall file an affidavit clarifying their stand before the next date fixed.
List this matter again on 11.03.2026.
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