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2025 DAILYLAW 24696 (GAU)

RINARA KHATUN v. THE STATE OF ASSAM AND 3 ORS

WP(C)/6754/2025 · 2025-12-02

Robin Phukan

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010263882025 2025:GAU-AS:16660 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6754/2025 RINARA KHATUN DAUGHTER OF NAZIMUDDIN, VILLAGE- KACHARIBORI, P.O. DEWAGURI, P.S.LAHARIGHAT IN THE DISTRICT OF MORIGAON, PIN- 782127, ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OFASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-781006. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019. 3:THE MISSION DIRECTOR AXOM SARBA SIKSHA ABHIJAN MISSION KAHILIPARA GUWAHATI-19 ASSAM 4:THE PRINCIPAL LAHARIGHAT NEW GLOBAL SCHOOL MORIGAON PIN- 782127 ASSA Advocate for the Petitioner : MRS. K DEVI, MR. A DEKA,N O POMONG Advocate for the Respondent : SC, ELEM. EDU, SC, SSA Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 03.12.2025 Heard Mr. A. Deka, learned counsel for the petitioner. Also heard Mr. S.M.T. Chistie, learned standing counsel for the respondent Nos. 1 and 2; Mr. B. Gogoi, learned standing counsel for the respondent No. 3. None appears for the respondent No. 4. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the respondent authorities to incorporate the name of the petitioner under the U-DISE for the period 2016 to 2018 and to consider the candidature of the petitioner for the post of Assistant Teacher in respect of LP and UP schools, pursuant to the Advertisement A and B, dated 08.01.2025, issued by the Office of the Director of Elementary Education, Assam. 3. Mr. Deka, learned counsel for the petitioner submits that the Office of the Director of Elementary Education, Assam had issued Advertisement-A, bearing No. E573006/28 and Advertisement-B, bearing No. E573006/32, dated 08.01.2025, inviting online applications from the eligible candidates for the post of Assistant Teacher for filling up of 2900 and 1600 vacancies in Lower Primary and Upper Primary schools, respectively. Mr. Deka also submits that the petitioner had applied for the post of Assistant Teacher in LP and UP schools through online on 02.04.2025, under Nagaon, Morigaon and Jorhat districts, being qualified in C-TET for LP (108111889) in the year 2024 and secured 103 marks out of total 150 marks; and also qualified in C-TET for UP (108111889) in the year 2024 and secured 113 marks out of total 150 marks. Mr. Deka further Page No.# 3/5 submits that thereafter, the Director of Elementary Education, Assam had issued a notice dated 19.11.2025, notifying all the candidates, who have successfully submitted their online applications against the Advertisement-A and B, dated 08.01.2025, that they have to submit details of HSSLC Examination and NIOS- UDISE in the official website of Director of Elementary Education, Assam w.e.f. 21.11.2025 to 27.11.2025, and it was also notified that the candidates who fail to submit the details of NIOS-UDISE within the stipulated period, their candidatures would be cancelled. Mr. Deka also submits that in Advertisement-A and B, dated 08.01.2025, nowhere it has been mentioned that the name of the candidates should be captured under the U-DISE, but subsequently in the notice dated 19.11.2025, the respondent authorities have asked the candidates to submit U-DISE data, which is not permissible, and in the said notice, it is not mentioned as to for which year the U-DISE data is required. Mr. Deka further submits that the name of the petitioner is not captured under U-DISE data for the year 2017-18, but thereafter, her name is captured under U-DISE data in respect of Laharighat New Global School, Morigaon, and that the petitioner has filed one representation dated 04.11.2025 (Annexure-10 at page No. 31 of the petition) addressing the Mission Director, SSA to enlist her name in the U-DISE for the years 2016-17 and 2017-18 of Laharighat New Global School, but the same is yet to be disposed of by the respondent authorities. Under such circumstances, Mr. Deka submits that the respondent No. 3/Mission Director, Axom Sarba Siksha Abhijan Mission, Kahilipara, Guwahati may be directed to dispose of the representation dated 04.11.2025, filed by the petitioner, and that till then, final decision upon the application filed by the petitioner shall be kept in abeyance. 4. Mr. Gogoi, learned standing counsel for the respondent No. 3 submits that Page No.# 4/5 the petitioner may be directed to file a fresh representation within two working days from today to the respondent No. 3, and in the event of filing such representation, the same shall be considered by the respondent No. 3, in accordance with law. Mr. Gogoi also submits that till disposal of the representation, decision upon the application filed by the petitioner may be kept pending. 5. Per contra, Mr. Chistie, learned standing counsel for the respondent Nos. 1 and 2 has vehemently opposed the petition. He submits that the said recruitment process is in the final stage and only for one candidate, the same cannot be stayed. 6. However, Mr. Deka, learned counsel for the petitioner submits that the petitioner has not prayed for staying the recruitment process and her only prayer is to keep her application pending till disposal of the representation filed by her before the respondent No. 3. 7. In view of the submissions so advanced by learned counsel for both the parties, and also taking note of the facts and circumstances on the record, and as agreed upon, this Court is inclined to dispose of this petition by directing the petitioner to file a fresh representation addressing the respondent No. 3, within a period of three working days from today, and on such representation being filed, the respondent No. 3 shall consider the same within a period of one week. Till then, the application of the petitioner shall be kept pending. 8. The petitioner shall obtain a certified copy of this order and place the same, along with the representation before the respondent No. 3, within three working days from today. 9. In terms of above, this writ petition stands disposed of. Page No.# 5/5 10. Interim order passed earlier stands vacated. JUDGE Comparing Assistant