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2026 DAILYLAW 10911 (GAU)

ABUL HUSSAIN v. DR JAHER ALI

I.A.(Civil)/1414/2026 · 2026-07-19

Soumitra Saikia

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/3 GAHC010085162026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1414/2026 ABUL HUSSAIN S/O MD. JURAN ALI, RESIDNET VILLAGE MOLIKUCHI, PO DHAKANA, PS BARPETA, DIST BARPETA ASSAM, VERSUS DR JAHER ALI S/O LATE LALCHAN MIAH, A RESIDENT OF- VILLAGE- SONPURA, P.O. JANIA, P.S. KALGACHIA, DIST- BARPETA, ASSAM 2:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM HIGHER EDUCATION DEPARTMENT DISPUR GUWAHATI-6. 3:THE JOINT SECRETARY GOVERNMENT OF ASSAM EDUCATION HIGHER DEPARTMENT DISPUR GUWAHATI-6 4:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI-1 Advocate for the Petitioner : MR. P BOIRAGI, S DIHINGIA Advocate for the Respondent : SC, HIGHER EDU, MR A U AHMED Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 20.07.2026 Heard Mr. P. Boiragi, learned counsel for the applicant. Also heard Ms. S Bhuyan, learned Standing Counsel, Higher Education Department and Mr. AU Ahmed, learned counsel for the opposite party no.1/writ petitioner. 2. This Interlocutory Application has been filed by the applicant, namely, In- charge Principal of Uttar Barpeta College, Dhanbandha seeking impleadment as the respondent in the writ petition being WP(C) No.1489/2026. 3. The writ petition being WP(C) No.1489/2026 has been filed by the opposite party no.1 putting to challenge the speaking order dated 15.09.2025 issued by the Office of the Director of Higher Education, whereby the opposite party no.1/ petitioner was removed from the service in Uttar Barpeta College, Dhanbandha with immediate effect. The order dated 27.02.2026 by which the appeal was rejected is also under challenge. 4. Perusal of the Interlocutory Application does not reflect any grounds as to how the applicant is a necessary party and thereby seeks impleadment in the writ petition. Page No.# 3/3 5. The challenge before the Court in the accompanying writ petition being WP(C) No.1489/2026 is only with regard to the Disciplinary Proceedings initiated against the writ petitioner which culminated into the impugned order of removal of the writ petitioner from his service by impugned order dated 15.09.2025 and the subsequent order dated 27.02.2026 passed by the Appellate Authority dismissing the appeal preferred by the writ petitioner. There is no allegation made or any relief sought for against the In-charge Principal of Uttar Barpeta College, Dhanbandha, namely, the applicant in the writ petition. The applicant is also not the Disciplinary Authority or an Enquiry Officer in respect of the disciplinary proceedings initiated against the writ petitioner. 6. Consequently, this Court does not consider In-charge Principal of Uttar Barpeta College, Dhanbandha to be a necessary or a proper party for being impleaded in the present writ petition as a party respondent and without whom effective order cannot be passed. In that view of the matter, the applicant is not a necessary or a proper party whose impleadment is found necessary in the said writ petition. 7. Accordingly, this Interlocutory Application therefore stands dismissed. JUDGE Comparing Assistant