Page No.# 1/6 GAHC010127772025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1880/2025 1. SUDEM BRAHMA S/O KHEMNATH BRAHMA R/O- VILLAGE BELGURI PATHAR P.O.BARIMUKH DISTRICT-BAKSA ASSAM PIN-781372 2: SWGWMKHANG BRAHMA S/O HAKHLA RAM BRAHMA R/O- VILLAGE BELGURIPATHAR (NWIWBARI) P.O. BARIMUKH DISTRICT-BAKSA ASSAM PIN-781372 3: SANJU BRAHMA S/O- BINOY BRAHMA R/O- VILLAGE-BELGURI PATHAR P.O. BARIMUKH DISTRICT-BAKSA ASSAM PIN-781372 4: SMT. JAYA SWARGIARY W/O AKAN SWARGIARY R/O- VILLAGE BELGURI PATHAR P.O. BARIMUKH DISTRICT-BAKSA ASSAM PIN-781372 5: SMT MIZING BRAHMA D/O SANSUMA KHUNGUR BASUMATARY Page No.# 2/6 R/O- VILLAGE BELGURI PATHAR P.O. BARIMUKH DISTRICT-BAKSA ASSAM PIN-781372 6: SMT. NIJWMA SWARGIARY W/O SHILABIR BASUMATARY R/O BELGURI PATHAR P.O. BARIMUKH DISTRICT-BAKSA ASSAM PIN-781372 7: RAJEN BRAHMA S/O GADRA BRAHMA R/O BELGURI PATHAR P.O. BARIMUKH DISTRICT-BAKSA ASSAM PIN-781372 8: CHANCHA RAMCHIARY S/O BIREN RAMCHIARY R/O- VILLAGE-UZIRBARI P.O. THAMNA DISTRICT-BAKSA ASSAM PIN-781377 9: BIJIT DAIMARY S/O PRODIP DAIMARY R/O VILLAGE AMARABATI P.O. MOTIPUR DISTRICT-BAKSA ASSAM PIN-781372 10: RANJIT BASUMATARY S/O LATE HAREN BORO R/O VILLAGE DEULKUCHI P.O. DEULKUCHI DISTRICT-BAKSA ASSAM PIN-781354 11: SUBRAT MADAHI S/O LATE BHUBAN MADAHI Page No.# 3/6 R/O VILLAGE-LAPHAKUCHI P.O.LAPHAKUCHI DISTRICT-BAKSA ASSAM PIN-781377 12: NILKAMAL BRAHMA S/O DHARMESWAR BRAHMA R/O BELGURI PATHAR P.O. BARIMUKH DISTRICT-BAKSA ASSAM PIN-781372 13: DULU DEKA R/O VILLAGE NO. 2 PAKHAMARA P.O. PAKHAMARA DISTRICT-BAKSA ASSAM PIN-781343 14: ASHOK BRAHMA S/O NANDESWAR BRAHMA R/O-BELGURI PATHAR P.O. BARIMUKH DISTRICT-BAKSA ASSAM PIN-781372 15: JANABIR BASUMATARY S/O LAPHIN BASUMATARY R/O-BELGURI PATHAR P.O. BARIMUKH DISTRICT-BAKSA ASSAM PIN-781372 VERSUS 1. CHAMPA BRAHMA D/O RAMESH BASUMATARY VILL- JALAH BORPARA P.O. JALAHGHAT DIST- BAKSA (ASSAM) 2:BILAM BRAHMA D/O RAMESH BASUMATARY VILL- JALAH BORPARA P.O. JALAHGHAT DIST- BAKSA (ASSAM) Page No.# 4/6 3:SABHA RAM BRAHMA S/O HAGAM BRAHMA VILL- BELGURI PATHAR P.O. BARIMUKH DIST- BAKSA (ASSAM) 4:CHITTA RANJAN DEKA S/O THANESWAR DEKA VILL- RAMCHA P.O. GORESWAR DIST- BAKSA (ASSAM 5:ARUP BRAHMA MUSHAHARY S/O DILIP BRAHMA VILL- PUB BANGNABARI P.O. MUSHALPUR DIST- BAKSA (ASSAM) 6:NIRAN BORO S/O MOHAN BORO VILL- JALA BORO PARA P.O. JALALGHAT DIST- BAKSA (ASSAM) 7:JAGADISH MEDHI S/O SUREN MEDHIVILL AND P.O. RAM PUR DIST- BAKSA (ASSAM) 8:ANANTA BRAHMA S/O LEBEN BRAHMA VILL- BELGURI PATHAR P.O. BARIMUKH DIST- BAKSA (ASSAM) 9:THE SECRETARY TO THE GOVERNMENT OF ASSAM HIGHER EDUCATION (TECHNICAL) DEPARTMENT AND 3 ORS GUWAHATI ASSAM 781006 10:THE DIRECTOR OF TECHNICAL EDUCATION DIRECTORATE OF TECHNICAL EDUCATION 2ND FLOOR KAHILIPARA GUWAHATI ASSAM 781019 11:THE GOVERNING BODY REPRESENTED BY ITS PRESIDENT BAKSA POLYTECHNIC DIST- BAKSA (ASSAM) PIN-781372 12:THE PRINCIPAL BAKSA POLYTECHNIC DIST- BAKSA (ASSAM) PIN 781372 13:THE PRINCIPAL IN CHARGE BAKSA POLYTECHNIC DIST- BAKSA (ASSAM) PIN-781372 ------------ Advocate for : MS. RITUPARNA DEVI Advocate for : GA ASSAM appearing for CHAMPA BRAHMA AND ORS Page No.# 5/6 BEFORE HON’BLE MR. JUSTICE NELSON SAILO 17.06.2025 Heard Mr. P.R. Sarma, learned counsel for the applicants [respondent Nos.37, 38, 39, 41 to 52 in WP(C) 7001/2024]. (2) By filing this application, the applicants are seeking vacation of the interim order dated 20.12.2024 passed by this Court in the connected writ petition whereby the writ petitioners were given protection to the effect that they should not be ousted/replaced by taking resort to the Office Memorandum dated 13.09.2024 till 08.01.2025. Admittedly, the said interim order is continuing till date. Hence, this instant vacation application. (3) Mr. P.R. Sarma, learned counsel for the applicants submits that pursuant to the interim order, the respondent authorities concerned have issued a notice dated 31.05.2025 inviting the applicants to appear against nine numbers of Grade-IV posts while exempting the writ petitioners in WP(C) 6972/2024 from the said selection in view of the pending case. Mr. Sarma submits that in fact as per the Office Memorandum dated 13.09.2024, the Governing Bodies of the Engineering Colleges/Polytechnics are authorized to engage a maximum number of seventeen Grade-IV employees on temporary basis. However, in view of the interim order, only nine posts have been opened to be filled up. Being aggrieved, the applicants have filed the instant application. (4) Mr. N.H. Laskar, learned counsel for the writ petitioners submits that the writ petitioners were engaged on temporary basis in the year 2017 and they have been continuing as such till date. However, the Department of Higher Education (Technical), Government of Assam came up with the Office Memorandum dated 13.09.2024 wherein at Clause 2 (iii) it is stipulated that Page No.# 6/6 Grade IV staff to be engaged on temporary basis should be above 18 years and not more than 40 years of age. Mr. Laskar submits that all the writ petitioners have exceeded the upper age limit and have been deprived of participating in the selection process despite having rendered their continuous service since the year 2017. It is on this ground that the writ petitioners being aggrieved have challenged the above-referred Office Memorandum. Mr. Laskar submits that in view of the interim protection granted by this Court pending final disposal of the writ petition, the interim order may not be disturbed at this stage. (5) Upon considering the submissions made by the rival parties, this Court is of the considered view that the parties concerned should exchange their respective pleadings at the earliest so that the main writ petition can be thrashed out. However, pending completion of the exchange of pleadings, it is also felt that some protection should be given to the applicants. Accordingly, the applicants would be at liberty to participate in the selection process pursuant to the notice dated 31.05.2025 without prejudice their rights to participate for the entire seventeen posts of Grade-IV. It is also provided that their services should not be disturbed pending final decision to be taken in the connected writ petition. Accordingly, this interlocutory application stands disposed of. JUDGE Comparing Assistant