Page No.# 1/5 GAHC010095732026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1602/2026 SMTI ARCHANA PHUKAN ALIAS ARCHANA PHUKON GOGOI WIFE OF SRI BRAJEN GOGOI, ASSISTANT TEACHER OF NO. 2 GULIMARA LOWER PRIMARY SCHOOL, P.O.- HOOGRIJAN, PIN786601, DIST.- DIBRUGARH, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, ASSAM, JANATA BHAWAN, DISPUR, GUWAHATI781006 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER DIBRUGARH DIST.- DIBRUGARH PIN-786001 ASSAM. 4:THE DEPUTY INSPECTOR OF SCHOOLS DIBRUGARH DIST.- DIBRUGARH PIN-786001 ASSAM. 5:SMTI MAMATA GHOSH WIFE OF SHRI SUKARNA GHOSH RESIDENT OF VILL.- HOOGRIJAN Page No.# 2/5 P.O.- HOOGRIJAN DIST.- TINSUKIA PIN- 786601 ASSAM Advocate for the Petitioner : MR A GOHAIN, Advocate for the Respondent : SC, ELEM. EDU, MR. B K DAS BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 22.07 .2026 Heard Mr. A. Dhar, learned counsel for the applicant. Also heard Mr. B.K. Das, learned counsel for the opposite party No.5 and Ms. S. Chetia, learned Government Advocate for the State respondents. 2] By the writ petition being WP(C) No.1469/2024 the petitioner sought for direction to interfere with the order dated 16.11.2023, whereby the respondent No.6 has been allowed to perform the duty as a Head Teacher temporarily. It is the grievance of the petitioner that she is the Senior Most Teacher in the Gulimara L.P. School in the District of Dibrugarh. However, the private respondent No. 6 is allowed to perform the duty as the Head Teacher for which the order dated 16.11.2023 has been put to challenge in the said writ petition. It is the claim of the petitioner that she is the Senior Most Teacher and therefore, she be considered for appointment as the Head Teacher or Headmaster of the Gulimara L.P. School instead of the private respondent No.6. 3] The writ petition being WP(C) No.5814/2025 is filed by Smt. Mamata Page No.# 3/5 Ghosh who is the private respondent in WP(C) No.1469/2024, whereby the attachment order dated 20.09.2025 of the petitioner in the Gulimara L.P. School has been cancelled and she was directed to join in the original place of posting which is Gojalbasti L.P. School. While issuing notice, this Court has granted an interim order staying the said impugned order. 4] The petitioner in WP(C) No.1469/2024 therefore, has filed this interlocutory application being I.A.(Civil) No.1602/2026 seeking impleadment as a party respondent in WP(C) No.5814/2025. 5] The learned counsel appearing for the applicant who is the petitioner in WP(C) No.1469/2024 submits that her claim in the writ petition before this Court is that she should be permitted to be appointed as the Head Teacher in place of the private respondent No.6 therein, who is the petitioner in WP(C) No.5814/2025. However, that not having been done the writ petition being WP(C) No.1469/2024 has been filed. Insofar as WP(C) No.5814/2025 is concerned the petitioner was released from her attachment in Gulimara L.P. School and directed to join in Gojalbasti L.P. School, Dibrugarh which was her original place of posting. However, by order dated 26.09.2025 the said order came to be stayed by this Court while issuing notice. Therefore, the petitioner has filed this interlocutory application seeking impleadment as a party respondent in WP(C) No. 5814/2025, contending that, due to the interim order passed by this Court, the order issued by the respondent authority cancelling the attachment order relating to the petitioner in WP(C) No. 5814/2025 has been stayed and that has adversely affected the claim of the applicant for being considered for appointment in the post of Head Teacher in Gulimara L.P. Page No.# 4/5 School. It is submitted that the petitioner being an affected party is necessary to be impleaded in WP(C) No.5814/2025 as a party respondent as her claim for being appointed as Head Teacher in Gulimara L.P. School has not been fructified in view of the order dated 26.09.2025 passed by this Court in WP(C) No.5814/2025 suspending the order of cancellation of attachment issued to the petitioner in WP(C) No.5814/2025. It is therefore submitted that this order was passed exparte and therefore, the applicant is a necessary party and seeks impleadment as a party respondent in WP(C) No.5814/2025. It is also submitted that the petitioner in WP(C) No.5814/2025 is already the party respondent No.6 in WP(C) No.1469/2025. 6] Ms. S. Chetia, learned Government Advocate for the respondent State does not dispute the prayer made by the applicant. 7] Having heard learned counsel for the parties, this Court is of the considered view that as a necessary corollary to the order dated 20.09.2025 issued by the Director of Elementary Education whereby the attachment order of the petitioner in WP(C) No.5814/2025 stood cancelled and she was directed to join in her original place of posting which is Gojalbasti L.P. School which was issued earlier by the order dated 13.10.1991. The applicant claims to be the Senior Most Teacher in Gulimara L.P. School and she would naturally be chosen for post of Head Teacher or Headmaster as per the Rules. If that be so, also considering the fact and the claim of the applicant vis-à-vis the petitioner in WP(C) No.1469/2024, this Court is of the considered view that that the applicant should be arrayed as a party respondent in WP(C) No.5814/2025 so that effective orders can be passed in that proceeding. Accordingly, this Page No.# 5/5 interlocutory application stands allowed, the applicant namely Smti. Archana Phukan @Archana Phukon Gogoi is directed to be arrayed as a party respondent No.5 in WP(C) No.5814/2025. 8] The petitioner in WP(C) No.5814/2025 will file amended cause title in view of the order passed today in this interlocutory application. 9] The amended cause title will be filed within a period of one week from today before the Registry. 10] Interlocutory Application accordingly stands disposed of. JUDGE Comparing Assistant