Page No.# 1/4 GAHC010281862025 2025:GAU-AS:17627 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7343/2025 SRI KRISHNA KANTA BARMAN AND ANR S/O BIPIN BARMAN, PRESIDENT SCHOOL MANAGEMENT AND DEVELOPMENT COMMITTEE, DAKSHIN PAKOWA BAHJANI MILAN HIGH SCHOOL, DEHAR KALAKUCHI, NALBARI, R/O VILL KUMARIKATA, PO DEHAR KALAKUCHI, DIST NALBARI, ASSAM, PIN 781310 2: SARBESWAR HALOI S/O LATE KALIRAM HALOI PRESIDENT HSLC CENTRE COMMITTEE 2025 OF DAKSHIN PAKOWA BAHJANI MILAN HIGH SCHOOL HSLC CENTRE DEHAR KALAKUCHI NALBARI VILL BIHAMPUR PO BANAGRAM DIST NALBARI ASSAM PIN 78130 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION,(SECONDARY EDUCATION DEPARTMENT), ASSAM, (CIVIL) SECRETARIAT, BLOCK C, DISPUR, GUWAHATI, ASSAM, PIN 781006 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 3:THE DISTRICT COMMISSIONER NALBARI Page No.# 2/4 ASSAM PIN 781335 4:THE INSPECTOR OF SCHOOLS NALBARI DISTRICT CIRCLE NALBARI ASSAM PIN 781335 5:THE SECRETARY THE ASSAM STATE SCHOOL EDUCATION BOARD BAMUNIMAIDAN GUWAHATI 2 Advocate for the Petitioner : MR. B PURKAYASTHA, MR. J P BARUAH,MR. T K DEY Advocate for the Respondent : SC, SEC. EDU., SC, SEBA,GA, ASSAM BEFORE HON’BLE MR. JUSTICE NELSON SAILO O R D E R 18.12.2025 Heard Mr. B. Purkayastha, learned counsel for the petitioners. Also heard Mr. T.C Chutia, earned Senior Standing Counsel appearing for Assam State School Education Board. Considering the nature of grievance projected by the petitioners, the writ petition is taken up for disposal at this stage. 2. The petitioners are before this Court for the second time. The earlier writ petition being WP(C) No.6336/2025 was disposed of vide order dated 24.11.2025 by directing the District Commissioner, Nalbari to consider the representation to be submitted by the petitioners as regards the change of examination centre from Dakshin Pakowa Bahjani Milan High School, Dehar Kalakuchi to Bagurihati Higher Secondary School. The Court had directed the District Commissioner to consider the representation in accordance with law and as per the guidelines and after giving the opportunity of hearing to the petitioners within a time frame. Subsequent Page No.# 3/4 thereto, a speaking order dated 09.12.2025 was passed by the District Commissioner, Nalbari, which is now again challenged by the petitioners on the ground that the District Commissioner has not given due consideration to the claim of the petitioners as regards the infrastructural improvement made in the Dakshin Pakowa Bahjani Milan High School, Dehar Kalakuchi and relied upon the inspection report of the District Level Committee on the inspection that was made on 13.10.2025 even prior to disposal of the writ petition. 3. Mr. T.C Chutia, learned Senior Standing Counsel, Assam State School Education Board (respondent No.5) vehemently objects to the challenge made by the petitioners to the speaking order and submits that the District Commissioner had taken into consideration all the relevant factors in passing the speaking order and therefore, interference of the same is not called for. He also submits that since the examination is due to be held in the month of February, 2026, all preparations have been completed by now and therefore, Court may not interfere with the matter. 4. I have perused the speaking order dated 09.12.2025 wherein the stand taken by the petitioners with regard to the infrastructural improvement have been duly recorded. Likewise, the stand of the District Level Committee through its report on the inspection that was carried out on 13.10.2025 has also been recorded. The said report speaks about inadequate infrastructures besides many other insufficiencies. However, the fact remains that this Court had directed the District Commissioner, Nalbari vide order dated 24.11.2025 to take into consideration of the relevant factors as per the existing guidelines and therefore, the stress put on by the District Commissioner on a report of verification done on Page No.# 4/4 13.10.2025 while ignoring the claim of the petitioners about the recently completed infrastructural improvement is found to be not in accordance with the direction given by this Court. This Court is also not unmindful about the fact that examinations are due in the month of February, 2026 and the authorities concerned definitely would be in the midst of preparation for the examination. However, in view of the specific stand taken by the petitioners about the improvement which had happened after 13.10.2025, the District Commissioner, Nalbari ought to have verified as to whether such improvement have been done and according to his satisfaction recorded his findings to either reject or allow the representation of the petitioners. The same having not been done, the speaking order dated 09.12.2025 is therefore, interfered with. 5. Since the time is short, the District Commissioner, Nalbari shall undertake the exercise of reconsideration of the representation by having a verification on the spot in view of the claim made by the petitioners either in person or through an authorized agent and thereafter, pass an appropriate order as may deemed fit and proper. The said exercise be done and completed within a period of 15(fifteen) days from the date of receipt of a certified copy of this order. 6. With the above observations and direction, the writ petition is disposed of. JUDGE Comparing Assistant