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Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 4 Ors on 21 January, 2026
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/5
GAHC010001132026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/236/2026
PULEN CH. MAZUMDAR AND 12 ORS
S/O.-LATE UDAY CH. MAZUMDAR, R/O.- VILL. AND P.O.- NIZNAMATI,
DIST.- NALBARI, ASSAM.
2: SANJOY KR. TALUKDAR
S/O.- LATE LAKSHI TALUKDAR
R/O.- VILL.- KHARUAJAN
P.O.- KHARUA
DIST.- BAKSA
ASSAM
3: HALI RAM TALUKDAR
S/O. LATE ATUL CH. TALUKDAR
R/O.- VILL.- KHARUAJAN
P.O.- KHARUA
DIST.- BAKSA
ASSAM
4: HITENDRA KUMAR GOSWAMI
S/O.- HOMESWAR GOSWAMI
R/O.- VILL.- NAKHARA
P.O.- TIHU
DIST.- NALBARI
ASSAM.
5: JAYANTA BAISHYA
S/O.- KANDARPA BAISHYA
R/O.- VILL.- SINGRAPARA
P.O.- ADALBARI
DIST.- BAKSA
ASSAM
6: NABAJIT KR. PATHAK
S/O- HARMOHAN PATHAK
Page No.# 2/5
R/O.- VILL.- ALAGJAR
P.O.- BARAMA
DIST.- BAKSA
ASSAM
7: BASANTA KR. BARMAN
S/O- LATE KHAGENDRA BARMAN
R/O.- VILL. AND P.O.- HARIBHANGA
DIST.- NALBARI
ASSAM
8: SMTI ANJALI HALOI
W/O.- GUNAGOBINDA DEKA
R/O.- VILL. AND P.O.- HARIBHANGA
DIST.- NALBARI
ASSAM.
9: PARASH MONI SARMA
S/O- LATE BINOD BIHARI SARMA
R/O. VILL. AND P.O.- BALI
DIST.- NALBARI
ASSAM
10: PRADIP HALOI
S/O- LATE- PRABHAT HALOI
R/O.- VILL. AND P.O.- HARIBHANGA
DIST.- NALBARI
ASSAM
11: BHUPEN BARMAN
S/O.- LATE HARANATH BARMAN
R/O.- VILL. AND P.O.- BHOJKUCHI
DIST.- NALBARI
ASSAM
12: APURBA SARMA
S/O- ADYA NATH SARMA
R/O.- VILL.AND P.O.- BALI
DIST.- NALBARI
ASSAM
13: HITENDRA KR. SARMA
S/O- LATE RAJANI KANTA SARMA
R/O.- VILL.- KHATARUPIA BATHAN
P.O.- CHAMATA
DIST.- NALBARI
ASSA
Page No.# 3/5
VERSUS
THE STATE OF ASSAM AND 4 ORS
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, EDUCATION ELEMENTARY DEPARTMENT,
DISPUR, GUWAHATI- 06.
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI- 19.
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
NALBARI
P.O. AND P.S.- NALBARI
DIST.- NALBARI
ASSAM.
4:THE DEPUTY INSPECTOR OF SCHOOLS
NALBARI
P.O. AND P.S.- NALBARI
DIST.- NALBARI
ASSAM
5:THE DISTRICT COMMISSIONER
NALBARI
DIST.- NALBARI
ASSA
Advocate for the Petitioner : MR H TALUKDAR, MR. R SARMA,MR R I BHUYAN
Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 21-01-2026
Heard Mr. H Talukdar, learned counsel for the petitioners, who submits
that by filing this writ petition, the petitioners have sought for re-calling the
termination order dated 21.07.2001 (Annexure-I) by which all appointed
Page No.# 4/5
Assistant Teachers of ME/MV/ME Madrassa/Senior Basic Schools made by
the In-charge DEEO, Amulya Choudhury w.e.f. 01.03.2001 were cancelled
with immediate effect. According to the learned counsel for the petitioners,
the present petitioners had earlier approached this Court along with others
by filing WP(C) 3961/2003 and the said writ petition was disposed of vide
order dated 24.06.2003 by directing the respondent authorities to examine
and verify the claim of the petitioners and upon such verification, if it is
found that they have been appointed by the competent authority against the
sanctioned posts and existing vacancies and rendering service as was being
claimed, necessary orders for releasing the pay and allowances should be
passed within a period of 3 (three) months from the date of receipt of the
copy of the order of the Court.
The learned counsel submits that despite the same, the respondent
authorities did not take any steps which persuaded similarly situated persons to
file WP(C) 2651/2017. The said writ petition was disposed of vide order dated
19.09.2019 by directing the respondent authorities to publish the report of the
Committee that was constituted and thereafter to take a decision on the basis of
the said report in terms of the Court's earlier order dated 04.12.2001 passed in
WP(C) 6469/2001. Acting upon the said direction, the claim of the said
petitioners, who are also similarly situated as the present petitioners came to be
rejected vide order dated 10.06.2020 (Annexure-O). The said order was put to
challenge in WP(C) 5641/2020 by the petitioners in WP(C) 2651/2017 and the
writ petition came to be allowed vide Judgment and Order dated 02.12.2025
(Annexure-P). The learned counsel for the petitioners submits that as the
present petitioners are also similarly situated, they are covered by the said
decision and the respondents should be directed to grant the petitioners similar
Page No.# 5/5
benefits.
From the above projection, it is seen that apart from filing
WP(C)6469/2001, the petitioners had not pursued their case like other similarly
situated persons and therefore, question is as to whether similar relief can be
granted to persons, who can be termed as fence sitters. Be that as it may, the
said question will have to be answered at the appropriate time.
In view of above, issue notice of motion, returnable by 4 (four) weeks.
Mr. PK Borah, learned Standing Counsel, Elementary Education
Department accepts notice on behalf of respondent Nos. 1 to 4 while Ms. S
Konwar, learned Government Advocate accepts notice on behalf of respondent
No. 5. Notice is therefore complete.
Petitioners to serve requisite extra copies of the writ petition to the
learned counsels appearing for the respondents today within 2 (two) days.
List again on 05.03.2026.
JUDGE
Comparing Assistant
