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2025 DAILYLAW 5263 (GAU)

JUNMONI BAGLARY AND 20 ORS v. THE STATE OF ASSAM AND 12 ORS

I.A.(Civil)/717/2024 · 2025-08-12

Kaushik Goswami

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Judgment text

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Page No.# 1/9 GAHC010001012024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/717/2024 JUNMONI BAGLARY AND 20 ORS D/O.-GAMAN CH. BAGLARY A RESIDENT OF VILL - THALKUCHI P.O.- GERUA, P.S-BARBARI DIST.- BAKSA, ASSAM PIN-781344. 2: PRIYANKA KALITA D/O- DHARANI DHAR KALITA A RESIDENT OF VILL - GELPEZAR P.O- MERKUCHI P.S.- BARAMA DIST-BAKSA ASSAM PIN-781346. 3: EVA RANI BRAHMA D/O- KESHAB BASUMATARY A RESIDENT OF VILL -BARSHIJHAR P.O- PANBARI P.S- PANBARI DIST- CHIRANG (ASSAM) PIN-783391 4: JWNGSHARI RAMCHIARY S/O- BABUL RAMCHIARY A RESIDENT OF VILL -CHOUDHURITUP P.O.- KAREMURA P.S-MUSHALPUR DIST-BAKSA (ASSAM) PIN-781355 5: SUBHASH DAIMARY S/O- PRADEEP DAIMARY Page No.# 2/9 A RESIDENT OF VILL-NO. 1 LOKPALA P.O.- BARIMAKHA P.S- BARBARI DIST- BAKSA ASSAM PIN-781333 6: RANJITA DEVI D/O- PADAM THAPA A RESIDENT OF VILL -AMLIGHAT P.O.-AMLIGHAT P.S- JAGIROAD DIST-MORIGAON (ASSAM) 7: SUSMITA DEVI D/O- LAVA KR. SARMA A RESIDENT OF VILL -MAZDIA P.O- CHOWK-BAZAR P.S.- NALBARI DIST-NALBARI (ASSAM) PIN-781335 8: DAROTHI DUTTA D/O- PRABHASH DUTTA A RESIDENT OF VILL -KALJAR P.O- BARAMA P.S-BARAMA DIST- BAKSA ASSAM PIN-781346 9: MITHINGA RAMCHIARY S/O- LATE KANAK RAMCHIARY A RESIDENT OF VILL -ADLA P.O- BAGANPARA P.S-BARBARI DIST-BAKSA (ASSAM) PIN-781344. 10: SONIA BEGUM PATGIRI W/O- SUSHIL RATHORE A RESIDENT OF VILL -DIPTA P.O- SURADI P.S- NALBARI DIST- NALBARI (ASSAM) PIN-781340. Page No.# 3/9 11: BHAGABAN MAHANTA S/O- RAMESWAR MAHANTA A RESIDENT OF VILL - SAJEI P.O- DAGAON P.S- BAIHATA CHARIALI DIST- KAMRUP (RURAL) ASSAM PIN-781133 12: GAGAN BARMAN S/O- LATE GHANASHAYAM BARMAN A RESIDENT OF VILL -DANGUAPARA P.O.- BANEKUCHI P.S- NALBARI DIST-NALBARI (ASSAM) PIN-781340. 13: VIMAL RAMCHIARY S/O-BHADRESWAR RAMCHIARY A RESIDENT OF VILL -JOYPUR P.O- MOINAPARA P.S.-GOGAMUKH DIST- DHEMAJI (ASSAM) PIN-787034 14: HEMANTA BORO S/O- LABO RAM BORO A RESIDENT OF VILL -DIGHELI P.O- DIGHELI P.S- BARAMA DIST- BAKSA (ASSAM) PIN-781371 15: ANSUMAI BARO C/O-NAREN LAL BARO A RESIDENT OF VILL -KHARUAJAN P.O.- KHARUA P.S- BARAMA DIST-BAKSA (ASSAM) PIN-781346 16: HITESH BARMAN S/O- LAKSHI RAM BARMAN A RESIDENT OF VILL-BILLESWAR P.O- BANAGRAM DIST- NALBARI ASSAM PIN-781303. Page No.# 4/9 17: NABANITA KALITA S/O- UDAY CH. KALITA A RESIDENT OF VILL -NAKHARA (NATUN ULUBARI) P.O- TIHU P.S- TIHU DIST- NALBARI ASSAM PIN-781371. 18: MRIGEN BARMAN S/O- MR. DHARANI BARMAN A RESIDENT OF VILL -DAHUDI P.O- SOLMARA P.S- BELSOR DIST-NALBARI (ASSAM) PIN-781338. 19: JUWEL IMDADUL FARUK S/O- ABDUL BAREQUE A RESIDENT OF VILL - ADITPUR P.O- SHOWPUR P.S.-KALGACHIA DIST- BARPETA (ASSAM) pin- 781319. 20: BARNALI BORO D/O- ATUL CHANDRA BORO A RESIDENT OF VILL -KALJAR P.O- BARAMA P.S-BARAMA DIST- BAKSA ASSAM PIN-781346. 21: RENU BRAHMA D/O- RABIRAM BRAHMA A RESIDENT OF VILL -CHATAIBARI P.O- BALITARA P.S- GHAGRAPAR DIST-NALBARI ASSAM PIN-781349 VERSUS THE STATE OF ASSAM AND 12 ORS TO BE REPRESENTED BY THE PRINCIPAL SECRETARY TO THE Page No.# 5/9 GOVERNMENT OF ASSAM, TRIBAL AFFAIRS (P), DISPUR, GUWAHATI-6. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM TRIBAL AFFAIRS (P) DISPUR GUWAHATI-6. 3:THE DIRECTOR TRIBAL AFFAIRS (P) DISPUR GUWAHATI-6. CUM- MEMBER SECRETARY ASSAM STATE LEVEL EKALAVYA MODEL RESIDENTIAL SCHOOL SOCIETY ASSAM RUKMINI NAGAR GUWAHATI-6. 4:THE PRINCIPAL SECRETARY BODOLAND TERRITORIAL COUNCIL DIST.- KOKRAJHAR PIN- 783370 5:THE SECRETARY BODOLAND TERRITORIAL COUNCIL DIST.- KOKRAJHAR PIN- 783370 6:THE DIRECTOR OF EDUCATION BODOAND TERRITORIAL COUNCIL DIST.- KOKRAJHAR PIN-783370 . 7:THE DISTRICT COMMISSIONER BAKSA -CUM- CHAIRMAN DISTRICT LEVEL EKALAVYA MODEL RESIDENTIAL SCHOOL MANAGEMENT COMMITTEE BAKSA DIST.- BAKSA ASSAM. 8:THE GOVERNING BODY OF ASSAM EKALAVYA MODEL RESIDENTIAL SCHOOL DALBARI Page No.# 6/9 TO BE REPRESENTED BY ITS CHAIRMAN -CUM- PRINCIPAL SECRETARY BODOLAND TERRITORIAL COUNCIL KOKRAJHAR. 9:THE INSPECTOR OF SCHOOLS BDC BAKSA MUSHALPUR DIST.- BAKSA ASSAM -CUM- I/C PRINCIPAL EKALAVYA MODEL RESIDENTIAL SCHOOL DALBARI P.O- DALBARI DIST.- BAKSA ASSAM PIN- 781333. 10:THE COMMITTEE FOR RECRUITMENT OF GUEST TEACHERS AT EKALAVYA MODEL RESIDENTIAL SCHOOL DALBARI TO BE REPRESENTED BY ITS MEMBER SECRETARY -CUM- I/C PRINCIPAL EKALAVYA MODEL RESIDENTIAL SCHOOL DALBARI P.O- DALBARI DIST.- BAKSA ASSAM PIN- 781333 11:THE CONTRACTUAL TEACHERS SELECTION COMMITTEE EKALAVYA MODEL RESIDENTIAL SCHOOL DALBARI (TO BE REPRESENTED BY ITS MEMBER SECRETARY -CUM- I/C PRINCIPAL EKALAVYA MODEL RESIDENTIAL SCHOOL DALBARI P.O- DALBARI DIST.- BAKSA ASSAM PIN- 781333). 12:THE UNION OF INDIA TO BE REPRESENTED BY THE SECRETARY MINISTRY OF TRIBAL AFFAIRS JEEVAN TARA BUILDING NEW DELJHI-110001 Page No.# 7/9 13:THE COMMISSIONER NATIONAL EDUCATION SOCIETY FOR TRIBAL STUDENTS ROOM NO.1 GROUND FLOOR GATE NO.3A JEEVAN TARA BUILDING PARLIAMENT STREET NEW DELHI-11000 Advocate for the Petitioner : MR. M A I HUSSAIN, N ISLAM,MR. M A I HUSSAIN Advocate for the Respondent : GA, ASSAM, SC, BTC,SC, WPT AND BC BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 13.08.2025 Heard Mr. A. R. Bhuyan, learned counsel appearing for the applicant. Also heard Mr. R. Dhar, learned standing counsel appearing for the WPT and BC. By way of this application, the applicant is seeking impleadment of The Union of India (to be represented by the Secretary, Ministry of Tribal Affairs, Jeevan Tara Building, New Delhi- 110001) and The Commissioner, National Education Society for Tribal Students, Room No.1, Ground Floor, Gate No. 3A, Jeevan Tara Building Parliament Street, New Delhi-110001, as respondent No.12 and respondent No.13 in WP(C) No.5947/2023. Relevant paragraphs of the impleadment application reads as under:- “3. That the facts of the case is that, the Applicants are the teaching and non teaching staff of the said School. The Page No.# 8/9 Management of the said School was taken up by the BTC authority from the earlier Management Committee. Although, some process was initiated for permanent absorption of the Applicants in their posts. But bypassing the said process, the Inspector of Schools, Baksa District Circle published advertisement for appointment of guest teachers in temporary basis in place of the applicants. The Applicants challenged the said process in the connected Writ Petition. 4. That in the said Writ Petition, the Applicants inadvertently did not make the Opposite Party No. 12 and 13 as party Respondents on the view that the matter of the Applicants are now pending before the BTC authority. But in the case as the Opposite Party No. 12 and 13 has some role as regards the establishment of these categories of Schools and the guidelines are issued time to time by them as regards the functioning of these categories of schools. Therefore, for just adjudication of the connected Writ Petition their views are also necessary to be look into. Therefore, under the said circumstances, the Applicants prayed for their impleadment as Respondent NO. 12 and 13. 5. That in view of the aforesaid development and facts Applicants desires to implead the Opposite Party No. 12 and 13 as Respondent No. 12 and 13 in the connected Writ petition as they are necessary party in the matter and hence they filed the instant Interlocutory Application.” Reading the above paragraphs, it appears that the presence of the aforesaid proposed respondents are essential and necessary for the effective adjudication of the writ proceeding. Accoridngly, The Union of India (to be represented by the Secretary, Ministry of Tribal Affairs, Jeevan Tara Building, New Delhi- 110001) and The Commissioner, National Education Society for Tribal Students, Room No.1, Ground Floor, Gate No. 3A, Jeevan Tara Building Parliament Street, New Delhi-110001, be impleaded as respondent No.12 and respondent No.13 in WP(C) No.5947/2023. Page No.# 9/9 Hence, the impleadment application stands allowed and disposed of. Let an amended cause-title be submitted before the Registry of this court for doing the needful. JUDGE Comparing Assistant