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2024 DAILYLAW 2290 (GAU)

MONOWARA BEGUM v. SAYRA KHATUN AND 6 ORS

I.A.(Civil)/1773/2024 · 2026-07-16

Soumitra Saikia

Writ Petition (Civil)body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010114422024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1773/2024 MONOWARA BEGUM D/O SABED ALI, R/O VILL. MOTIRCHAR, P.O. HOWRAPUR, DISTRICT DHUBRI, ASSAM VERSUS SAYRA KHATUN AND 6 ORS WIFE OF ASRAF ALI, VILLAGE- MOTIRCHAR, POST OFFICE- HOWRARPAR, DISTRICT- DHUBRI, ASSAM. 2:THE DIRECTOR CUM DISCIPLINARY AUTHORITY SECONDARY EDUCATION ASSAM GUWAHATI-19. 3:THE DEPUTY COMMISSIONER DHUBRI DISTRICT ASSAM. 4:THE INSPECTOR OF SCHOOLS DHUBRI DISTRICT CIRCLE DHUBRI P.O. AND DISTRICT- DHUBRI ASSAM. AND ALSO TAKING THE CHARGE OF HEADMISTRESS OF MOTIRCHAR HIGH SCHOOL. 5:THE SCHOOL MANAGING COMMITTEE MOTIRCHAR HIGH SCHOOL REPRESENTED BY ITS SECRETARY Page No.# 2/4 P.O.- HOWRARPAR DISTRICT- DHUBRI ASSAM PIN- 783324. 6:THE TREASURY OFFICER P.O. AND P.S. DHUBRI ASSAM. 7:THE STATE OF ASSAM THROUGH THE SECRETARY GOVT. OF ASSAM EDUCATION (SECONDARY) DEPARTMENT DISPUR GUWAHATI ASSAM Advocate for the Petitioner : MR. S C BISWAS, MS. U NANDA,MR. A K DAS,MS. J GHOSH Advocate for the Respondent : SC, SEC. EDU., ,MR. D BORA (GA, ASSSAM),MS. H TERANGPI (SC, SECONDARY EDUCATION),MR. R BORPUJARI (SC, FINANCE) BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 17.07.2026 Heard Ms. U Nanda, learned counsel for the applicant. Also heard Ms. MA Ozah, learned counsel for the opposite party no.1, learned standing counsel, Secondary Education Department and learned Government Advocate, Assam. 2. This Interlocutory Application has been filed by the applicant seeking impleadment as the respondent no.7 in WP(C) No.2003/2024 on the ground Page No.# 3/4 that she is a necessary party and ought to be impleaded as a party respondent. The WP(C) No.2003/2024 has been filed by the opposite party no.1 in the Interlocutory Application as the writ petitioner challenging the disciplinary proceedings initiated against the writ petitioner during the pendency of the proceedings pending before the learned Education Tribunal, Dhubri. 3. Having perused the pleadings available before the Court, it is seen that the issue in WP(C) NO.2003/2024 filed by the writ petitioner is with regard to the disciplinary proceedings initiated against her which according to her ought not to be or could not be initiated during the pendency of the proceedings before the learned Education Tribunal. The applicant is neither a disciplinary authority nor a person who is affected by the initiation of the disciplinary proceedings against the writ petitioner. Furthermore, as pointed out by the writ petitioner, the applicant had filed Misc. (Education) Case No.03/2024 before the learned Tribunal, whereby the applicant also sought to be impleaded which came to be dismissed by order dated 26.11.2025. No appeal or revision has been filed against this order by the applicant. 4. Under such circumstances, this Court does not find the applicant to be a necessary party in the present proceedings i.e. WP(C) No.2003/2024 as the writ petitioner is serving as an Additional Assistant in Motirchar High School, whereas Page No.# 4/4 the applicant is trying to get the post of LD Assistant in the said school. Therefore, in the opinion of the Court, the applicant is not a necessary party in the proceedings pending before the Court in WP(C) No.2003/2023. Therefore, the Interlocutory Application for impleadment of the applicant as a necessary party stands dismissed. JUDGE Comparing Assistant