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2026 DAILYLAW 13578 (GAU)

PRADIP KALITA v. THE STATE OF ASSAM AND 9 ORS

I.A.(Civil)/992/2026 · 2026-09-01

Kalyan Rai Surana, Susmita Phukan Khaund

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Judgment text

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Page No.# 1/5 GAHC010277002025 2026:GAU- AS:12651-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/992/2026 PRADIP KALITA S/O LATE BIPIN KALITA, R/O VILL. BARIMUKH, P.O. BARIMUKH, P.S. NUSHALPUR, DIST. BAKSA, BTAD, ASSAM, PIN 781315 ASTT. TEACHER, BAPUJI M E SCHOOL. 2: DHARANI DEWRY S/O LATE LAHIRAM DEWRI R/O VILL. GHOGPUR NAKTIPARA P.O BARAMA P.S. BARAMA DIST. BAKSA BTAD ASSAM PIN 781315 ASSTT. TEACHER BOWAPARA L.P. SCHOOL. 3: DIPANKAR NATH S/O LATE PHUKAN CHANDRA NATH R/O VILL. PALASHGURI P.O. NARAYANPUR P.S. NARAYANPUR DIST. BAKSA BTAD ASSAM PIN 781315 ASSTT. TEACHER GHORAMARA L.P. SCHOOL 4: SMTI DROUPADI RAMCHIARY D/O BABU RAMCHIARY R/O VILL. PAMUA PATHAR P.O. PAMUA PATHAR Page No.# 2/5 P.S. NUSHALPUR DIST. BAKSA BTAD ASSAM PIN 781315 ASSTT. TEACHER NO 1121 SRIPUR DEOR L P SCHOOL. 5: BRAJA MOHAN DAS S/O LATE HEM CH. DAS R/O VILL. CHAMBARIKHUTI (BARIMUKH) P.O. BARIMUKH P.S. MUSHALPUR DIST. BAKSA BTAD ASSAM PIN 781315 ASSTT. TEACHER NOWAPARA L.P. SCHOOL VERSUS THE STATE OF ASSAM AND 9 ORS REPRESENTED BY THE COMMISSIONER AND SECY. DEPTT. OF ELEMENTARY EDUCATION, DISPUR, GUWAHATI 06 2:THE COMMISSIONER AND SECY. DEPTT. OF FINANCE DISPUR GUWAHATI 06 3:THE COMMISSIONER AND SECY. WPT AND BC DEPTT. DISPUR GUWAHATI 06 4:THE BODOLAND TERRITORIAL COUNCIL REPRESENTED BY THE SECY. BTC KOKRAJHAR. 5:THE PRINCIPAL SECY. BODOLAND TERRITORIAL COUNCIL KOKRAJHAR. 6:THE SECY. DEPTT. OF EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR. Page No.# 3/5 7:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL COUNCIL. KOKRAJHAR. 8:THE DIST. ELEMENTARY EDUCATION OFFICER MUSHALPUR BAKSA ASSAM. 9:THE BLOCK ELEMENTARY EDUCATION OFFICER TIHU BARAMA BLOCK BAKSA ASSAM. 10:THE DEPUTY INSPECTOR OF SCHOOLS TIHU BARAMA BASKA BTAD ASSAM Advocate for the Petitioner : MRS. K DEVI, N O POMONG,MR. A DEKA Advocate for the Respondent : SC, BTC, SC, WPT AND BC,SC, EDU,SC, FINANCE Linked Case : CRP/0/0 PRADIP KALITA ASSAM VERSUS THE STATE OF ASSAM ASSAM ------------ Advocate for : NANG OKTRA POMONG Advocate for : appearing for THE STATE OF ASSAM Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 02.09.2026 (K. R. Surana, J) Heard Ms. K. Devi, learned counsel for the applicant. Also heard Mr. S.K. Talukdar, learned Standing Counsel for the Elementary Education Department representing respondent no.1; Mr. A. Chaliha, learned Standing Counsel for the Finance Department representing respondent no.2 and Mr. A. Benarji, learned counsel appearing on behalf of Mr. R. Dhar, learned Standing Counsel for the WPT and BC Department representing respondent no.3 and Mr. A. Atreya, learned Standing Counsel, BTC, representing respondent nos. 4 to 10. 2. By filing this interlocutory application under Section 5 of the Limitation Act of 1963, the applicant has prayed for condonation of a delay of 119 days beyond the period of limitation in filing the connected appeal. 3. The delay is explained by stating that the learned counsel for the applicant had to leave for her medical check-up and treatment. Upon her return in the first week of August, 2025, she was informed about the orders passed in the writ petition and accordingly, after obtaining instructions, the connected appeal has been filed. 4. Having heard the learned standing counsel for the appearing departments, the Court is of the considered opinion that the applicant had been able to show good and sufficient cause to explain the delay in filing the connected appeal. Accordingly, the said delay is hereby condoned. Page No.# 5/5 5. The Registry shall register the connected appeal. 6. Accordingly, the present interlocutory application stands allowed and disposed of. JUDGE JUDGE Comparing Assistant