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2025 DAILYLAW 24241 (GAU)

JYOTSHNA MUCHAHARY AND ANR v. THE STATE OF ASSAM AND 8 ORS

WP(C)/505/2025 · 2025-12-03

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010018132025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/505/2025 JYOTSHNA MUCHAHARY AND ANR WIFE OF DIPEN DAIMARY, RESIDENT OF VILL AND P. O. -JALAGAON P. S. -SIMLA, DISTRICT-BAKSA, ASSAM , PIN-781373 2: GUNAJIT DAS SON OF SIDDHI RAM DAS RESIDENT OF -VILL- JALAH ALIGURI P. O. -JALAHGHAT DISTRICT-BAKSA ASSAM- 78132 VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE LEGAL REMEMBRANCER AND SECRETARY TO THE GOVERNMENT OF ASSAM DISPUR, GUWAHATI, KAMRUP (M), ASSAM - 781006 2:THE REGISTRAR GENERAL GUWAHATI HIGH COURT 3:THE REGTSTRAR (ADMIN) -CUM - IN CHARGE CENTRALISED RECRUITMENT GAUHATI HIGH COURT. 4:THE DISTRICT AND SESSIONS JUDGE BAKSA ASSAM-781372 5:THE CHIEF ADMINISTRATIVE OFFICER OFFICE OF THE DISTRICT AND SESSIONS JUDGE BAKSA ASSAM- 781372 Page No.# 2/4 6:SRI KAPIL DAS JUNIOR ADMINISTRATIVE ASSISTANT OFFICE OF THE DISTRICT AND SESSIONS JUDGE BAKSA ASSAM- 781372 7:SRI DHARMENDRA DAS JUNIOR ADMINISTRATIVE ASSISTANT OFFICE OF THE DISTRICT AND SESSIONS JUDGE BAKSA ASSAM- 781372 8:SRI MINTU TALUKDAR JUNIOR ADMINISTRATIVE ASSISTANT OFFICE OF THE DISTRICT AND SESSIONS JUDGE BAKSA ASSAM- 781372 9:SRI HITESH KALITA JUNIOR ADMINISTRATIVE ASSISTANT OFFICE OF THE DISTRICT AND SESSIONS JUDGE BAKSA ASSAM- 78137 For the petitioner (s) : Mr. B. P. Borah, Advocate For the respondent (s) : Ms. S. Sharma, SC, GHC Mr. A. K. Hussain, Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 04.12.2025 Heard Mr. B. P. Borah, the learned counsel appearing on behalf of the petitioners. Ms. S. Sharma, the learned Standing Counsel appears on behalf of the Gauhati High Court and Mr. A. K. Hussain, the learned counsel appears on behalf of the private Page No.# 3/4 respondent No.7. 2. Mr. B. P. Borah the learned counsel appearing on behalf of the petitioners submitted that the stand which has been taken by the Respondent Authorities in putting the petitioners below the private respondents in the Gradation List is required to be challenged as there is no reasonable classification. He further submitted that by way of an affidavit-in-reply or an additional affidavit, he cannot improve the said aspect in the present proceedings. Additionally, if he seeks an amendment, it would only prolong the proceedings. He therefore submitted that without prejudice to the rights and claims of the petitioners in the present writ petition, the petitioners may be granted the liberty to withdraw the instant writ petition and refile it. 3. This Court has also perused the stand which has been taken by the Respondent Authorities and it is also the opinion of this Court that if the petitioners have to succeed, necessary pleadings are required to challenge the stand of the Respondent Authorities. Under such circumstances, this Court therefore allows the petitioners to withdraw the instant writ petition with the liberty to refile without prejudice to the petitioners. 4. Accordingly, the instant writ petition stands closed on withdrawal. Page No.# 4/4 5. Interim order passed earlier stands vacated. JUDGE Comparing Assistant