Page No.# 1/3 GAHC010089042026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2428/2026 BAHARUL ISLAM AND ANR SON OF ABDUS SALAM, RESIDENT OF VILL- TUKURA PARA, P.O.- AGGUMI, P.S.- CHHAYGAON, DISTRICT- KAMRUP, ASSAM. 2: MOBARAK MULLAH S/O LATE AZAHAR ALI VILL- TUKURA PARA P.O. AGGUMI P.S. CHHAYGAON DIST. KAMRUP ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVT. OF ASSAM, HIGHER EDUCATION DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI-19 ASSAM 3:THE PRINCIPAL OF F.A. AHMED COLLEGE GOROIMARI PO.O. GOROIMARI DIST. KAMRUP PIN-781137 4:THE REGISTRAR Page No.# 2/3 GAUHATI UNIVERSITY GOPINATH BORDOLOI NAGAR GUWAHATI-14 KAMRUP (M) ASSAM. 5:MD. NURUL ISLAM S/O MUNNAF ALI VILL- GHORAMARA PATHAR GHORAMARA GOAN P.S. CHHAYGAON DIST. KAMRUP ASSAM PIN-78113 Advocate for the Petitioner : MR N SARMA, MISS. S PARBIN,MR H A AHMED Advocate for the Respondent : SC, HIGHER EDU, MR M Z SHAH (R-3),MS. F L MIZO(R5),MR JITENDRA DAS(R5),MR. SAILENDRA DEKA(R5),SC, G U BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 09/09/2026 Heard Mr. A Ahmed, learned counsel, appearing on behalf of Mr. H A Ahmed, learned counsel for the petitioners. Also heard Mr. A R Tahbildar, learned Standing counsel, Higher Education Department, Mr. P J Phukan, learned Standing counsel, Gauhati University, appearing for the respondent No. 4 and Mr. J Das, learned counsel appearing for the respondent No. 5. 2. The petitioners in the present writ petition have presented a challenge to the selection and appointment of the respondent No. 5 as the President of the Governing Body of F.A. Ahmed College, Goroimari, District-Kamrup. 3. Mr. A R Tahbildar, learned Standing counsel, Higher Education Department Page No.# 3/3 submits that after the institution of the present writ petition, the matter was again considered by the respondent authorities and upon such consideration, the selection and appointment of the respondent No. 5, was found to have been effected in violation of the Office Memorandum dated 18.08.2017, holding the field. 4. Accordingly, the Director of Higher Education, Assam, has issued a Speaking Order dated 29.08.2026, directing that the respondent No. 5, shall cease to continue as the President of the Governing Body of the said college with effect from the date of the order. 5. In view of the passing of the Speaking Order dated 29.08.2026, the challenge in the present writ petition to the appointment of the respondent No. 5, does not survive any further. 6. The appointment of the respondent No. 5, being held to be nonest by the Director of Higher Education, Assam, no further live issue arises for consideration in the present writ petition and accordingly, the present writ petition stands closed. 7. A copy of the Speaking Order dated 29.08.2026, is kept on record and marked as “X” for the purpose of identification. JUDGE Comparing Assistant