Page No.# 1/4 GAHC010248382025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3585/2025 BANI KANTA PEGU S/O - LATE KHAGESWAR PEGU, RESIDENCE OF VILLAGE KARPUMPULI, P.O. JIADHAL, DISTRICT - DHEMAJI, ASSAM, PIN - 787057 VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (HIGHER) DEPARTMENT, DISPUR, GUWAHATI - 6. 2:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI - 781019. 3:THE INSPECTOR OF SCHOOLS DHEMAJI P.O. - DHEMAJI ASSAM PIN - 787057. 4:THE DISTRICT COMMISSIONER DHEMAJI P.O. AND DISTRICT - DHEMAJI ASSAM PIN - 787057. 5:THE PRESIDENT GOVERNING BODY JIADHAL COLLEGE JIADHAL PIN - 787057. Page No.# 2/4 6:HARISH PEGU S/O - LATE BILASH PEGU RESIDENCE OF VILLAGE - JIADHAL CHARIALI P.O. - JIADHAL P.S. - DHEMAJI DISTRICT - DHEMAJI ASSAM PIN - 787057. 7:UMESH PEGU S/O - TATAPRASHAD PEGU RESIDENCE OF VILLAGE - JIADHAL TINI GHARIA P.O. JIADHAL P.S. - DHEMAJI DISTRICT- DHEMAJI ASSAM PIN - 787057 Advocate for the Petitioner : MR. U DUTTA, Advocate for the Respondent : SC, HIGHER EDU, MS S A KHALIFA,MRS. K DEVI BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 08.12.2025 Heard Mr. U. Dutta, learned counsel for the applicant; Mr. S. Das, learned standing counsel for the Higher Education Department, being opposite party Nos. 1 & 2; and Ms. K. Devi, learned counsel for the respondent Nos. 6 & 7. 2. This interlocutory application is preferred by the applicant for staying/suspending the hearing initiated by the Director of Higher Education Department, in pursuance to the letter No. PC/HE/CC/17/2025/27, dated 22.11.2025, issued by the Joint Director of Higher Education Department, till disposal of W.P.(C) No. 1830/2021. 3. Mr. Dutta, learned counsel for the applicant submits that W.P.(C) No. Page No.# 3/4 1830/2021 was preferred by one Harish Pegu, who is a RTI Activist and Umesh Pegu, who is an ex student of Jiadhal College, challenging the appointment of the private opposite party No. 6 as Principal In-charge of Jiadhal College and also provincialisation of his service as Tutor/Assistant Professor. 3.1. Mr. Dutta further submits that while the said writ petition is pending before this Court for adjudication, the Director of Higher Education Department has started a parallel proceeding, which the Director is not entitled to, as this Court is in seisin of the matter and in that view of the matter, the proceeding initiated by the Director is required to be stayed. 4. On the other hand, Mr. Das, learned standing counsel for the Higher Education Department, however, opposed this application as only service particulars of the petition has been sought for. 5. Ms. Devi, learned for the opposite party Nos. 6 & 7 has also opposed this application. 6. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record. 7. It appears that the Director of Higher Education has initiated the hearing, during the pendency of W.P.(C) No. 1830/2021, while this Court is in seisin of the matter, which is clearly not permissible. 7.1. Reference in this context can be made to a decision of this Court in the case of Akaddas Ali vs. State of Assam, reported in (2014) 4 GLR 3, wherein it has been held that when the Court is in seisin of the matter, then the administrative authority cannot start a parallel proceeding on the very same subject and record a finding, as it would amount to interfering with the Page No.# 4/4 dispensing of justice of the Court. 8. Accordingly, taking note of the submissions of learned counsel for both the parties and also considering the facts and circumstances on the record, the hearing so initiated by the Director of Higher Education Department, in pursuance to the letter No. PC/HE/CC/17/2025/27, dated 22.11.2025, which is re-fixed on 10.12.2025, stands stayed till disposal of W.P.(C) No. 1830/2021. 9. In terms of above, this IA stands closed. JUDGE Comparing Assistant