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Gauhati High Court
Page No.# 1/8 vs The State Of Assam And 6 Ors on 10 March, 2026
Page No.# 1/8
GAHC010120542021
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4319/2021
SHANTANU DHAR AND ANR
S/O LATE SHANTI RANJAN DHAR, R/O HOUSE NO. 19, HARBALA ROAD,
ULUBARI, GUWAHATI-781007, DIST-KAMRUP(M), ASSAM
2: ANIL KUMAR JALAN
S/O PUSHKAR DUTTA JALAN
R/OI FLA NO. 4C
PROTECHVIEW
HENGRABRI ROAD
P.O.-DISPUR
GUWAHATI
ASSAM-78100
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
ASSAM, DISPUR, GUWAHATI-6
2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE (TAXATION) DEPARTMENT
DISPUR
GUWAHATI-06
3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
FINANCE (TAXATION) DEPARTMENT
DISPUR
GUWAHATI-06
4:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
PERSONNEL (B) DEPARTMENT
DISPUR
GUWAHATI-06
Page No.# 2/8
5:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
LEGISLATIVE DEPARTMENT
DISPUR
GUWAHATI-06
6:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES DEPARTMENT
DISPUR
GUWAHATI-06
7:KAMALESWAR LAHARY
DEPUTY COMMISSIONER OF TAXES
O/O THE COMMISSIONER OF TAXES
ASSAM
KAR BHAVAN
DISPUR
GUWAHATI-0
Advocate for the Petitioner : MR G BAISHYA, S K HAZARIKA,MD. A HASSAN
Advocate for the Respondent : GA, ASSAM, SC, FINANCE AND TAXATION
Linked Case : WP(C)/3565/2023
SHANTANU DHAR
S/O- LATE SHAHNTI RANJAN DHAR
R/O- HOUSE NO. 19
HARBALA ROAD
ULUBARI
GUWAHATI-781007
DIST. KAMRUP(M)
ASSAM
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
ASSAM
DISPUR
Page No.# 3/8
GUWAHATI-6.
2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE (TAXATION) DEPARTMENT
DISPUR
GUWAHATI-06.
3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE (TAXATION) DEPARTMENT
DISPUR
GUWAHATI-06.
4:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
PERSONNEL (B) DEPARTMENT
DISPUR
GUWAHATI-06.
5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
LEGISLATIVE DEPARTMENT
DISPUR
GUWAHATI-06.
6:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES DEPARTMENT
DISPUR
GHY-06.
7:KAMALESWAR LAHARY
DEPUTY COMMISSIONER OF TAXES
O/O- THE COMMISSIONER OF TAXES
ASSAM
KAR BHAVAN
DISPUR
GHY-06.
8:THE DEPARTMENTAL SELECCTION COMMITTEE
FOR PROMOTION TO THE CADRE OF JOINT COMMISSIONER OF TAXES
REPRESENTED BY THE CHIEF SECRETARY
ASSAM
------------
Advocate for : MR G BAISHYA
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 7 ORS
Linked Case : I.A.(Civil)/1945/2021
Page No.# 4/8
KAMALESWAR LAHARY
S/O LT. GAURI KANTA LAHARY
DEPUTY COMMISSIONER OF TAXES
O/O THE COMMISSIONER OF TAXES
ASSAM
KAR BHAVAN
DISPUR
GUWAHATI-06
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
DISPUR
GHY -06.
2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE (TAXATION) DEPARTMENT
DISPUR
GUWAHATI-06
3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
FINANCE (TAXATION) DEPARTMENT
DISPUR
GUWAHATI-06
4:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
PERSONNEL (B) DEPARTMENT
DISPUR
GUWAHATI-06
5:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
LEGISLATIVE DEPARTMENT
DISPUR
GUWAHATI-06
6:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES DEPARTMENT
DISPUR
GUWAHATI-06
7:SHANTANU DHAR .
S/O-LT. SHANTI RANJAN DHAR
R/O-HOUSE NO.19
Page No.# 5/8
HARBALA ROAD
ULUBARI
GHY-07
DIST-KAMRUP (M) ASSAM.
8:ANIL KUMAR JALAN
S/O PUSHKAR DUTTA JALAN
R/OI FLA NO. 4C
PROTECHVIEW
HENGRABRI ROAD
P.O.-DISPUR
GUWAHATI
ASSAM-781006
------------
Advocate for : MR. D K DAS
Advocate for : G. BAISHYA appearing for THE STATE OF ASSAM AND 7 ORS
Linked Case : I.A.(Civil)/2070/2021
SHANTANU DHAR AND ANR
S/O LATE SHANTI RANJAN DHAR
R/O HOUSE NO. 19
HARBALA ROAD
ULUBARI
GUWAHATI-781007
DIST-KAMRUP(M)
ASSAM
2: ANIL KUMAR JALAN
S/O PUSHKAR DUTTA JALAN
R/OI FLA NO. 4C
PROTECHVIEW
HENGRABRI ROAD
P.O.-DISPUR
GUWAHATI
ASSAM-781006
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE CHIEF SECY. TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI 6
2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE (TAXATION) DEPARTMENT
DISPUR
Page No.# 6/8
GUWAHATI-06
3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
FINANCE (TAXATION) DEPARTMENT
DISPUR
GUWAHATI-06
4:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
PERSONNEL (B) DEPARTMENT
DISPUR
GUWAHATI-06
5:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
LEGISLATIVE DEPARTMENT
DISPUR
GUWAHATI-06
6:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES DEPARTMENT
DISPUR
GUWAHATI-06
7:KAMALESWAR LAHARY
DEPUTY COMMISSIONER OF TAXES
O/O THE COMMISSIONER OF TAXES
ASSAM
KAR BHAVAN
DISPUR
GUWAHATI-06
------------
Advocate for : MR G BAISHYA
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 6 ORS
Linked Case : I.A.(Civil)/765/2026
SHANTANU DHAR
S/O- LATE SHAHNTI RANJAN DHAR
R/O- HOUSE NO. 19
HARBALA ROAD
ULUBARI
GUWAHATI-781007
DIST. KAMRUP(M)
Page No.# 7/8
ASSAM
VERSUS
THE STATE OF ASSAM AND ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
ASSAM
DISPUR
GUWAHATI-6.
2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE (TAXATION) DEPARTMENT
DISPUR
GUWAHATI-06.
3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE (TAXATION) DEPARTMENT
DISPUR
GUWAHATI-06.
4:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
PERSONNEL (B) DEPARTMENT
DISPUR
GUWAHATI-06.
5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
LEGISLATIVE DEPARTMENT
DISPUR
GUWAHATI-06.
6:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES DEPARTMENT
DISPUR
GHY-06.
7:KAMALESWAR LAHARY
DEPUTY COMMISSIONER OF TAXES
O/O- THE COMMISSIONER OF TAXES
ASSAM
KAR BHAVAN
DISPUR
GHY-06.
8:THE DEPARTMENTAL SELECCTION COMMITTEE
FOR PROMOTION TO THE CADRE OF JOINT COMMISSIONER OF TAXES
REPRESENTED BY THE CHIEF SECRETARY
ASSAM
Page No.# 8/8
------------
Advocate for : MR G BAISHYA
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND ORS
BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
ORDER
10.03.2026
Mr. B. Gogoi, learned Additional Advocate General, is to obtain instructions
on the limited query raised by this Court.
The learned counsel for the petitioner has pointed out that, the contents
of paragraph 'E' of the DPC held on 04.02.2023, have been sought to be
overridden by the contents of paragraph 'F' of the same DPC.
The learned Additional Advocate General shall obtain specific instructions
as to whether the roster point had been applied during the DPC, overriding the
judgment of this Court in the case of Rakesh Agarwal vs. State of Assam and
Others, reported in (2016) 3 GLT 464.
List these matters again on 17.03.2026.
JUDGE
Comparing Assistant
