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2025 DAILYLAW 26745 (GAU)

ARPITA SAHA v. STATE OF ASSAM AND 4 ORS

WP(C)/7307/2025 · 2025-12-16

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010279912025 2025:GAU-AS:17467 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7307/2025 ARPITA SAHA W/O RANA PAUL BAKRIHAWAR, VILL.- PALANGSUGURI, P.O. JAYPUR, P.S. AMGURI, PIN- 783393, DIST- CHIRANG (BTC), ASSAM VERSUS STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019. 3:THE INSPECTOR OF SCHOOLS KAMRUP METRO ASSAM G N BARDOLOI ROAD- 781001. 4:THE INSPECTOR OF SCHOOLS BONGAIGAON ASSAM- 783380. 5:SEJUTI PAUL PGT (BENGALI) C/O PRINCIPAL OF BIJNI BANDHAB H S SCHOOL AT BIJNI WARD NO. 2 PO AND PS BIJNI CHIRANG BTAD ASSAM- 783390 Advocate for the Petitioner : MR. B PURKAYASTHA, MR. T K DEY Page No.# 2/3 Advocate for the Respondent : SC, SEC. EDU., BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 17.12.2025 Heard Mr. B. Purkayastha, learned counsel for the petitioner, who submits that the limited prayer of the petitioner is for allowing her to be posted as Post Graduate (PG) Teacher under the establishment of Inspector of Schools, Bongaigaon instead of Inspector of Schools, Kamrup (Metro). He submits that at the time of applying for the post the petitioner had given her first preference as Bongaigaon and Kamrup (Metro) was the second preference. He submits that the reasons for preferring posting in Bongaigaon is on account of she having a minor baby and requiring support from her family, which is possible only if she is posted in Bongaigaon. The learned counsel submits that the petitioner has submitted a representation to this effect before the Director of Secondary Education on 14.11.2025 but the same is not yet considered. He submits that the limited prayer of the petitioner at this stage is for direction to the respondent authority concerned to consider and dispose of the representation. [2.] Mr. S. M. T. Chistie, learned Standing Counsel, Secondary Education Department, on the other hand submits that selection and appointment has been done on need basis and that the petitioner has not even joined the said post to make such a prayer. He further submits that as per the instructions, he has received, there is no such provision for interchanging of posting, as prayed for by the petitioner. Page No.# 3/3 [3.] Be that as it may, considering the pendency of the representation submitted by the petitioner before the Director of Secondary Education, the writ petition is disposed of by directing the respondent authority concerned to consider and dispose of the representation of the petitioner by way of a Speaking Order within a period of one (1) month from the date of receipt of a certified copy of this Order. The Director of Secondary Education, Assam, shall also give the petitioner an opportunity of hearing before passing the Speaking Order. The petitioner shall submit a copy of the writ petition before the Director of Secondary Education, Assam along with a certified copy of this order while giving her contact number and address, for the needful. [4.] With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant