Page No.# 1/4 GAHC010160262025 2025:GAU-AS:10100 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4347/2025 TAHMINUR KHATUN D/O- AKBAR ALI SHEIKH, W/O- MD. ABDUS SAMAD AHMED, R/O- VILL- BAGHDOKRA, P.O- KAMANDANGA, P.S- TAMARHAT, DIST- DHUBRI, ASSAM, PIN-783331 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPARTMENT), ASSAM (CIVIL) SECRETARIAT, BLOCK-C, DISPUR, GUWAHATI, ASSAM, PIN-781006 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM SECONDARY EDUCATION DEPARTMENT) ASSAM (CIVIL) SECRETARIAT DISPUR GUWAHATI ASSAM PIN-781006 3:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI-19 4:THE BODOLAND TERRITORIAL COUNCIL REP. BY THE SECRETARY EDUCATION DEPARTMENT BTC KOKRAJHAR ASSAM PIN-783370 5:THE DIRECTOR OF EDUCATION BTC KOKRAJHAR Page No.# 2/4 ASSAM PIN-783370 6:THE INSPECTOR OF SCHOOLS KOKRAJHAR DISTRICT CIRCLE KOKRAJHAR ASSAM PIN-783370 7:THE PRINCIPAL RABI HAJI DEGREE COLLEGE SUBSEQUENTLY RENAMED AS SANKOSH DEGREE COLLEGE GOSSAIGAON P.O AND P.S- GOSSAIGAON DIST-KOKRAJHAR ASSAM PIN-783370 8:THE PRESIDENT OF GOVERNING BODY OF RABI HAJI DEGREE COLLEGE SUBSEQUENTLY RENAMED AS SANKOSH DEGREE COLLEGE GOSSAIGAON P.O AND P.S- GOSSAIGAON DIST-KOKRAJHAR ASSAM PIN-78337 Advocate for the Petitioner : MR. A A R KARIM, MD S A MONDAL,MR. A DEB,Ms. R. R. BORAH Advocate for the Respondent : SC, SEC. EDU., SC. BTC BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 04.08.2025 Heard Mr. A. R. Karim, learned counsel for the petitioner. Also heard Ms. P. Das, learned Standing Counsel, Secondary Education Department for the respondent Nos. 1, 2 and 3 and Mr. P. Hazarika, learned counsel appearing on behalf of Mr. S. R. Rabha, learned Standing Counsel, BTC for the respondent Nos. 4 to 6. Page No.# 3/4 [2.] The learned counsel for the petitioner submits that by filing this writ petition, the petitioner seeks for a direction to the respondent authorities to reinstate her back into service in the post of Lower Division Assistant (LDA) in Rabi Haji Degree College, Oxiguri, Gossaigaon, subsequently renamed as Sankosh Degree College, Gossaigaon in the district of Kokrajhar. The learned counsel for the petitioner submits that the petitioner was appointed as LDA in the said College vide appointment letter dated 10.11.2016, issued by the Secretary, Sponsoring Committee of the College. The petitioner joined on 10.12.2016 and working in the said capacity since then. However, the petitioner on account of her illness, paralysis and also pregnancy was unable to attend her duties from 01.08.2022 to 14.08.2024. The petitioner had submitted several applications on 30.07.2022, 30.10.2022, 03.01.2023, 04.04.2023, 18.08.2023, 25.12.2023 and 25.05.2024, praying for leave permission for the period indicated in her applications. Finally on 14.08.2024, the petitioner submitted a representation to the respondent No.7 for leave of absence from August, 2022 to August, 2024. However, there was no response from the respondent authorities concerned and when the petitioner approached the college for joining, she was not allowed to do so. Aggrieved, the petitioner is before this Court. [3.] The learned counsel for the petitioner submits that the Executive Member of Bodoland Territorial Council, Kokrajhar has also written to the Principal of the College on 27.08.2024 to allow her to join back into her post of LDA. However, the petitioner has not been allowed to join. [4.] The learned counsel for the petitioner has placed reliance on the case of Hage Bida Vs. State of Arunachal Pradesh and Ors. reported in 2003 (2) GLT 6 and Z. R. Remtluanga Vs. State of Mizoram and Ors. reported in Page No.# 4/4 2008 (3) GLT 760 as well as the case of Anamika Acharya Vs. State of Assam and Ors reported in (2015) SCC Online Gau 871. [5.] From a perusal of the writ petition, it is seen that the so called representations submitted by the petitioner from time to time does not indicate that the same has been received by the College Principal. There is also no statement made in the writ petition that although there was no acknowledgement by the College Principal but it was indeed received by the College Authority. It therefore only appears that the petitioner on her own volition has abstained from her duties since 01.08.2022 to 14.08.2024. There is also no material to indicate the status of the service condition of the petitioner. Under the given circumstances, this Court is not inclined to entertain the writ petition. The authorities relied upon by the petitioner are also found to be not applicable to the present case since the facts and circumstances are only distinguishable. Accordingly, the writ petition is dismissed in limine. JUDGE Comparing Assistant