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2025 DAILYLAW 22413 (GAU)

PRIYA RANI BASUMATARY v. THE GAUHATI HIGH COURT AND 2 ORS

WP(C)/7335/2023 · 2025-09-24

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010279192023 2025:GAU-AS:13302 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7335/2023 PRIYA RANI BASUMATARY D/O- LATE BHABESH BASUMATARY, PERMANENT RESIDENT OF HATIMATA, WARD NO. 8, P.O., P.S. AND DIST. KOKRAJHAR, B.T.C, ASSAM, PIN- 783370. VERSUS THE GAUHATI HIGH COURT AND 2 ORS REPRESENTED BY THE REGISTRAR GENERAL, GAUHATI HIGH COURT, GUWAHATI, ASSAM, PIN- 781001. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM JUDICIAL DEPARTMENT DISPUR GUWAHATI PIN- 781006. 3:THE DISTRICT AND SESSIONS JUDGE KOKRAJHAR COURT- PARA WARD NO. 10 P.O. AND P.S. KOKRAJHAR ASSAM PIN- 783370 For the petitioner (s) : None appears Page No.# 2/3 For the respondent (s) : Mr. H. K. Das, SC, GHC BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 25.09.2025 None appears on behalf of the petitioner on call. 2. Mr. H. K. Das, the learned Standing Counsel appears on behalf of the Gauhati High Court. 3. The petitioner herein is aggrieved by the order dated 13.10.2023 whereby the petitioner's services as a Grade-IV Peon in the establishment of the District and Sessions Judge, Kokrajhar was terminated from service. The reason for termination was that the petitioner, at the time of appointment, pursuant to the advertisement dated 20.02.2023 did not disclose that the petitioner had passed Class-XII. Subsequently, when it came to light that the petitioner had already passed HSSLC, the petitioner's appointment was terminated by the impugned order dated 13.10.2023. 4. This Court further finds it relevant to take note of that similar issues have already been disposed of by this Court vide the order dated 27.01.2025 in WP(C) No.7532/2023 wherein this Court had categorically held that when the petitioner did not Page No.# 3/3 disclose the fact that the petitioner was overqualified, the appointment of the petitioner was illegal, and as such, the order of termination cannot be said to be illegal. 5. Considering the above, this Court does not find any merit in the instant writ petition, and as such, the writ petition stands dismissed. JUDGE Comparing Assistant