Page No.# 1/2 GAHC010240092024 2026:GAU-AS:10685 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6000/2024 HEMANTA KALITA S/O- LATE CHANDRA DHAR KALITA, RESIDENT OF VILLAGE PALASHBARI, HUDUMPUR P.O. PASBARI POSTED AS ASSISTANT SUPERINTENDANT, BOARD OF SECONDARY EDUCATION GUWAHATI- 781021, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY GOVT OF ASSAM DEPARTMENT EDUCATION DISPUR GUWAHATI 781006, ASSAM 2:THE SECRETARY BOARD OF SECONDARY EDUCATION ASSAM AT KAMRUP (M) 3:DEPUTY SECRETARY (IC) BOARD OF SECONDARY EDUCATION ASSAM AT KAMRUP (M) 4:THE REGISTRAR BOARD OF SECONDARY EDUCATION ASSAM AT KAMRUP (M Advocate for the Petitioner : MR P KALITA, MRS S GOSWAMI Advocate for the Respondent : SC, SEC. EDU., SC, SEBA Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 03.08.2026 Heard Mr. P. Kalita, learned counsel for the petitioner. Also heard Mr. S. Neogi, learned Standing counsel for respondent No. 1/Department of School Education and Mr. T.C. Chutia, learned Senior Advocate assisted by Mr. D.K. Roy, learned Standing counsel for respondent Nos. 2, 3 & 4/ASSEB. 2. Mr. P. Kalita, learned counsel for the petitioner after arguing the matter at some length and having realized that the statutory appeal filed by the petitioner is before the Commissioner Secretary of Education, Assam who is not the appropriate appellate authority in terms of the Assam State School Education Board Regulation, 2024 which provides the appellate authority as the Chairman of the Board, prays for withdrawal of this writ petition with a liberty to file an appeal against the order dated 16.11.2021 passed by the Secretary, Board of Secondary Education, Assam before the Chairman of the Board in terms of the aforesaid regulation. 3. Considering the submissions of learned counsel for the petitioner, this writ petition is closed on withdrawal with a liberty to petitioner to file appeal as prayed for against the order dated 16.11.2021. JUDGE Comparing Assistant