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2025 DAILYLAW 3721 (GAU)

DHANMANI KALITA AND 36 ORS v. THE BODOLAND TERRITORIAL COUNCUL AND 2 ORS

WP(C)/5813/2025 · 2026-07-30

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/11 GAHC010218702025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5813/2025 DHANMANI KALITA AND 36 ORS S/O-KSHEMADHAR KALITA, VILL.-DEBANANDA, P.O-HAZARIKAPARA, P.S-SIPAJHAR, DIST.-DARRANG, ASSAM 2: ABHISHEK TALUKDAR S/O-SANCHIT TALUKDAR R/O-NEW COLONY WEST JAMUNA ROAD DIST.-SIVASAGAR ASSAM 3: NAMITA DEKA W/O-JAYANTA KAKATI R/O-VILL.-LOCH HOUSE NO.3 P.O-LOCH DIST.-KAMRUP ASSAM 4: ARCHANA BHATTACHARJEE D/O-BIJAN BHATTACHARJEE R/O-BARPETA ROAD WARD NO. 2 Page No.# 2/11 SUKANTA PALLY PO-BARPETA ROAD DISTRICT-BARPETA ASSAM 5: ASHIKUR RAHAMAN MANDAL S/O-HASSEN ALI MANDAL R/O-VILL.-ATGHARITARI P.O-DIGHALTARI DIST.-DHUBRI ASSAM 6: MAYUREE DEVI D/O- GOPAL NATH R/O-DANDUA P.O-DANDUA DISTRICT-MORIGAON ASSAM 7: BHASWATI KALITA D/O- CHANDRA DHAR KALITA R/O-RANGIA WARD NO.3 P.O- RANGIA DIST.-KAMRUP ASSAM 8: MUSTAFA KAMAL PASSA S/O-FAZAR ALI R/O-JADAVPUR P.O-CHAKABAUSHI DIST.-BARPETA ASSAM 9: UTTAM SINGH Page No.# 3/11 S/O-DAL BAHADUR SINGH R/O-BARPATHAR P. O-NEW BONGAIGAON DIST.-BONGAIGAON ASSAM 10: MERINA AKHTAR D/O-MAKBUL HUSSAIN R/O-MERUATTARY P.O-MERUATTARY DIST.-NALBARI ASSAM 11: DILOWARA BEGUM D/O-NUR MAHAMMAD ALI R/O-GARVITAR BALAGAON P.O-TARANI DIST.-KAMRUP ASSAM 12: BIVA DEKA D/O-LT. BABUL DEKA R/O-VILL.-HANIMARAGHAT P.O-CHABUKDHARA DIST.-MORIGAON ASSAM 13: LUTFAR RAHMAN S/O-NURUL ISLAM MIAH R/O- BOROKALIA NASHKARA P.O-AIRKATA DISTRICT-DHUBRI ASSAM Page No.# 4/11 14: AZAHAR ALI S/O-NAJIM UDDIN R/O-VILL.- BALAPARA P.O-SUTAR PARA DIST.-GOALPARA ASSAM 15: JOHIRUL ISLAM S/O-ABDUL WAHEB MIAH R/O-BHELENGAMARI P.O-PODMER ALGA DIST.-DHUBRI ASSAM 16: HIMASHREE TALUKDAR D/O-DIMBESWAR TALUKDAR R/O-TITKA GARIA WARD NO.8 P.O- PATHSALA DIST.-BARPETA ASSAM 17: SEMIM AKTARA D/O-EUNUSH ALI R/O- NO. 1 KUWARI PUKHURI P.O-KUWARI PUKHURI DIST.-DARRANG ASSAM 18: JYOTISHMITA BHATTACHARYYA D/O-INDRAJEET BHATTACHARYYA R/O-GARGARI P.O-BURHINAGAR Page No.# 5/11 DIST-DARRANG ASSAM 19: REKIBUR RAHMAN S/O-AZIZUR RAHMAN R/O-DUMARDAHA PART-3 P.O-KHUDIMARI DIST.-DHUBRI ASSAM 20: MD ASHAD ALI S/O-KASUM ALI VILL.-GORIABORI PATHER P.O-LUCHANABORI P.S-MOIRABARI DIST.-MORIGAON ASSAM 21: MD NASIR UDDIN AHMED S/O-MIR HUSSAIN R/O-MOHIMARI P.O-MOHIMARI P.S-CHHAYGAON DIST.-KAMRUP ASSAM 22: MOKIBUL ISLAM S/O-UMAR HUSSAIN R/O-CHAPAR WORD NO. 6 (KAZIPARA PART-1) P.O-CHAPAR DIST.-DHUBRI ASSAM 23: MOMTAZ BEGUM D/O-AMIR HUSSAIN R/O-GORIABORI PATHER Page No.# 6/11 P.O-LUCHANABORI P.S-MOIRABARI DIST.- MORIGAON ASSAM 24: SHAHARIAR ALAM KHAN S/O-BAHAR HOSSAIN KHAN R/O-DHAKALIA PARA P.O-JOSHIHATIPARA DIST.-BARPETA ASSAM 25: ALTAF HOSSAIN S/O-ANOWAR ALI SK R/O-VTC- DEBATTAR HASDAHA PART-V P.O-DEBOTTAR HASDAHA DIST.-DHUBRI ASSAM 26: ROFIQUL ISLAM S/O-SAMAD ALI R/O-VTC- NIZKATHMI P.O-KALATOLI DIST.-KAMRUP ASSAM 27: SADDAM HUSSAIN S/O-MUSLIM UDDIN AHMED VILL-BHOTPUKHURI P.O-NO.1 PUNIA DIST.-DARRANG ASSAM 28: MD AZMAL HAQUE Page No.# 7/11 S/O-MD BILAT ALI R/O-CHOUDHARY PAM P.O-KALATOLI BAZAR DIST.-KAMRUP ASSAM 29: PARAN ALI KHAN S/O- AFJAL KHAN R/O-VTC- MARICHA P.O-KAYAKUCHI DIST.-BARPETA ASSAM 30: ABUL KALAM AZAD S/O-MONSER ALI R/O-CHOUDHURY PAM P. O-KALATOLI DIST.-KAMRUP ASSAM 31: MAHIBUL ISLAM S/O-ABDUL BASIR UDDIN R/O-KHABLAR BHITHA P.O-KHABLAR BHITHA DIST.-BARPETA ASSAM 32: ZAKIR HUSSAIN S/O-ABDUL JOLIL R/O-LANGLA KALGACHIA P.O-LANGLA DIST.-BARPETA Page No.# 8/11 ASSAM 33: SAIDUR KHAN S/O-ABDUS CHATTAR KHAN R/O-AGDIYA PATHAR P.O- GAHIYA DIST- BARPETA ASSAM 34: NIKHIL KALITA S/O-DANDI RAM KALITA R/O-NIZ SARABARI P.O-DEODHANIGHAT DIST.-DARRANG ASSAM 35: JOBED ALI S/O-IMAN ALI R/O-BARKALIA NASKARA P.O-AIRKATA DIST.-DHUBRI ASSAM 36: MD. RAJIBUL ISLAM S/O-NURUL ISLAM R/O-KARAI ANI NEPALI P.O-PANCHMILE DIST.-SONITPUR ASSAM 37: SANOWAR HUSSAIN S/O-ROSUL MAHMUD R/O-GUNIAL GURI P.O-GUNIAL GURI Page No.# 9/11 DIST.-BARPETA ASSA VERSUS THE BODOLAND TERRITORIAL COUNCUL AND 2 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL, KOKRAJHAR, ASSAM 2:THE SECRETARY DEPARTMENT OF EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM 3:THE DIRECTOR OF THE EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSA Advocate for the Petitioner : MR S BORTHAKUR, MS. P BORAH Advocate for the Respondent : SC, BTC, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 31.07.2026 Heard Mr. S Borthakur, learned Senior counsel assisted by Mr. S Dey, learned counsel for the petitioners. Also heard Mr. B.C Muchahary, learned Standing Counsel, BTC. 2. The petitioners are all Graduates in Hindi with B.Ed Degrees. In response to an advertisement dated 13.02.2024 issued by the Directorate of Education, BTC for filling up of vacant post of Graduate Teachers in different subjects including Hindi in different Provincialised Secondary Schools under the Directorate of Education, BTC, the petitioners responded to the said Page No.# 10/11 advertisement and offered their candidatures. They were called for the written test for which they appeared and upon successful completion, they were called for document verifications. After due completion of the document verifications, the concerned authority published a selection list of candidates belonging to the Bodoland Territorial Region on 17.06.2025. However, in so far as the candidates belonging to Non-BTR areas, the authorities have not published the select list. Being aggrieved, the present writ petition has been filed. 3. Pursuant to issuance of notice, the respondents-BTC has been filed an affidavit, where there is a clear averment at Paragraph-10 of the said affidavit which reads as under: “10. That the department did not appoint any candidates from general area against Hindi Teacher’s vacant posts. The proposal letter has been submitted for approval for appointment to the post of Assistant Teachers (Arts, Science), Hindi and Sanskrit vide Office Memo No DE/BTC/Apptt-1/Sec/2024/102 dtd 13 June/2025. The proposal was made for both recommended candidates from BTR & Non-BTR as per the Minutes of the Council Level Selection Board meeting held on 13/6/2025 in resolution No. 7, indicated in Part-1 for BTR candidates and Part-II for Non-BTR candidates. The BTC authority approved for appointment of category of Part-I for BTR candidates vide its letter No. BTC/Edn(El)-04/2021-22/505 dtd. 17 July/2025.” 4. The learned Standing Counsel for the BTC submits that the process has not yet been completed. The competent authority was in seisin of the matter when the State Assembly Elections were declared because of which the work could not be completed. However, it is submitted that if a direction is issued then the same shall be completed within the time specified. 5. The learned Senior counsel for the petitioners does not object to the suggestions made by the learned Standing Counsel for the BTC. He submits that the writ petition can be closed with a specific direction to the BTC authorities to Page No.# 11/11 complete the process of selection and appointment which is undertaken by the BTC authorities pursuant to the advertisement dated 13.02.2024. While the select list for BTR area candidates has been published, the select list for the candidates from the Non-BTR area in respect of the Hindi Teachers is yet to be published. 6. Considering the submissions made and also as agreed to by the learned counsel for the parties, the writ petition is disposed of with a direction to the respondents No. 1 to 3 to examine the claims of the writ petitioners and thereafter conclude the process of selection and appointment undertaken by the BTC authorities in pursuance to the advertisement dated 13.02.2024 for filling up of vacant post of Graduate Teachers in different subjects including Graduate Teachers for the post of Hindi in various Provincialised Secondary Schools under the BTC area. 7. Let this exercise be expeditiously completed within a period three (3) months from the date of receipt of a certified copy of this order. 8. Needless to say, once the process is complete, the authorities will publish all necessary orders and select list and inform the candidates by making publication in locally circulated newspapers. 9. With the above directions, the writ petition stands disposed of. JUDGE Sandipon Comparing Assistant