Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 14954 (GAU)

SRI ANUPAM BARTHAKUR AND ORS v. SRI BIRINCHI SAIKIA AND ORS

I.A.(Civil)/2897/2026 · 2026-09-22

Soumitra Saikia

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/7 GAHC010176722026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2897/2026 SRI ANUPAM BARTHAKUR AND ORS SO LATE SIVA NATH BORTHAKUR, IC HEADMASTER, DERING PATHER HIGH ENGLISH SCHOOL, BISWANATH, SL NO 227, RO PURANI GAON, BISWANATHGHAT, BISWANATH, ASSAM, PIN 784177 2: SRI BALIN HAZARIKA SO LATE DIMBESWAR HAZARIKA IN CHARGE HEADMASTER GOHPUR GIRLS HIGH SCHOOL BISWANATH SL NO 302 RO WARD NO 2 GOHPUR DIST SONITPUR ASSAM PIN 784168 3: SRI KESHAB SARMA SO LATE KHARANANDA SARMA IN CHARGE HEADMASTER GAMERI HIGH SCHOOL BISWANATH SL NO 5 RO DHENUDHARA GOHPUR DIST SONITPUR ASSAM PIN 784168 4: SRI KUSHAL BHUYAN SO BOGAL BHUYAN INCHARGE HEADMASTER PUB BRAHMAJAN HIGH SCHOOL BISWANATH Page No.# 2/7 SL NO 179 RO GOPAIPUR GOHPUR DIST SONITPUR ASSAM PIN 784168 5: SRI HIRANYA BORTHAKUR SO LATE SURESH CHANDRA BORTHAKUR SATSANGA HIGH SCHOOL PRESENTLY SERVING AS IC PRINCIPAL OF PRATAPGARH TEA ESTATE MODEL SCHOOL BISWANATH RENAMED AS SL NO 339 RO 17A ERABARI PUB NABAPUR BISWANATH TOWN DIST BISWANATH ASSAM PIN 78417 VERSUS SRI BIRINCHI SAIKIA AND ORS SO ARUN SAIKIA, RO VILL DHENUDHARA, WARD NO 2, PS GOHPUR, PO GOHPUR, DIST BISWANATH, ASSAM, PIN 784168 2:ANAMIKA BHUYAN CO LATE SAMBHURAM BHUYAN RO VILL MOGONI PS MOGONI PO GOHPUR DIST BISWANATH ASSAM PIN 784168 3:RIJUREKHA BARAH CO SOMESWAR BARAH RO VILL MOGONI PS HELEM PO MOGONI DIST BISWANATH ASSAM PIN 784172 4:NITU BORAH SO LATE KHARGESWAR BORAH RO VILL PUB DUBIA Page No.# 3/7 PO SONITPUR DIST BISWANATH ASSAM 5:GAYATREE HAZARIKA CO DR HEMANGA GOGOI RO BORAS NURSING HOME BISWANATH CHARIALI PO BISWANATH CHARIALI DIST BISWANATH ASSAM PIN 784176 6:ANJUMONI CHETRY CO HASTA BAHADUR CHETRY RO WOOD CRAFT OPPOSITE PETROL PUMP WARD NO 6 PO GOHPUR DIST BISWANATH ASSAM PIN 784168 7:ELORA BHUYAN CO BEDABRAT BORA RO VILL MAGONI PO MAGONI DIST BISWANATH ASSAM PIN 784168 8:DEBJANI BHUYAN CO RANJAN HAZARIKA RO VILL GOHPUR PO MAGONI PS GOHPUR DIST BISWANATH ASSAM PIN 784158 9:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GHY 06 10:THE DIRECTOR OF SECONDARY EDUCATION ASSAM Page No.# 4/7 KAHILIPARA GHY 19 11:THE INSPECTOR OF SCHOOLS OFFICE OF THE INSPECTOR SCHOOLS SONITPUR DIST CIRCLE TEZPUR 784001 12:THE DISTRICT SELECTION COMMISSION FOR SELECTION AND PROMOTION OF HEADMASTERS IN BISWANATH DIST TO BE REPRESENTED BY THE DISTRICT COMMISSIONER BISWANATH ASSAM PIN 784177 13:THE DISTRICT SELECTION COMMISSION FOR SELECTION AND PROMOTION OF HEADMASTERS IN SONITPUR DIST FOR HIGH SCHOOLS TO BE REPRESENTED BY THE DISTRICT COMMISSIONER BISWANATH ASSAM PIN 784177 14:THE STATE SELECTION BOARD FOR SELECTION OF HEADMASTER IN VARIOUS HIGH SCHOOLS OF THE STATE TO BE REPRESENTED BY THE DISTRICT COMMISSIONER BISWANATH ASSAM PIN 78417 Advocate for the Petitioner : MR. B PURKAYASTHA, MR P BHATTACHARJYA Advocate for the Respondent : SC, SEC. EDU., GA, ASSAM,MR A R BHUYAN Page No.# 5/7 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 23.09 .2026 Heard Mr. B. Purkayastha, learned counsel for the applicants. 2] This interlocutory application has been filed by the applicants seeking impleadment in the accompanying writ petition being WP(C) No.2695/2025. 3] According to the applicants they are Graduate Teachers working in different high schools within the District of Biswanath in the State of Assam. They are aggrieved by the fact that the writ petition, being WP(C) No.2695/2025 has been filed by the petitioners seeking inclusion of the name of the writ petitioners in the Gradation List, without arraying the present applicants as respondents. 4] It is the apprehension expressed by the applicants that if there is a direction by the Court in the writ petition filed by the writ petition of WP(C) No.2695/2025 for inclusion of the their name in the Gradation List, then the inter-se seniority between the present applicants and the writ petitioners will also be an issue which will come up for consideration, as the applicants are considered to be senior to the writ petitioners by virtue of the fact that they have been receiving a graduate scale of pay from a period much prior to that of the writ petitioners. They will be highly prejudiced if any direction is issued by the Court for alteration of the Gradation List by placing the petitioners above the applicants. Therefore, the applicants have filed this present application seeking impleadment in WP(C) No.2695/2025 as respondents. Page No.# 6/7 5] Mr. A.R. Bhuyan, learned Senior Counsel for the opposite party Nos. 1 to 8 does not object to the prayer made. No objection is also raised by Mr. S.M.T. Chistie, learned Standing Counsel, Secondary Education. 6] Considering the submissions made and the apprehension expressed, and upon careful perusal of the application as also the writ petition, this Court finds that the prayer made in the application appears to be reasonable and in the face of no objection being raised by the opposite parties, this Court is inclined to allow the interlocutory application. It is therefore, the following applicants are arrayed as respondents Nos. 7 to 11 in the writ petition being WP(C) No.2695/2025: “1) Sri. Anupam Barthakur, age-53 years S/o Late Siva Nath Borthakur, I/C Headmaster, Dering Pathar High English School, Biswanath, R/o Purani Gaon, Biswanathghat, Biswanath, Assam, PIN-784177; 2) Sri. Balin Hazarika, age-59 years, S/o- Late Dimbeswar Hazarika, In- charge Headmaster, Gohpur Girls’ High School, Biswanath, R/o Ward No.2, Gohpur, Dist. Sunitpur, Assam, PIN-784168; 3) Sri. Keshab Sarma, age-59 years, S/o Late Kharananda Sarma, In- Charge Headmaster, Gameri High School, Biswanath, R/o Dhenudhara, Gohpur, Dist. Sonitpur, Assam, PIN-784168; 4) Sri. Kushal Bhuyan, age-59 years, S/o- Bogal Bhuyan, In-Charge Headmaster, Pub Brahmajan High School, Biswanath, R/o Gopaipur, Page No.# 7/7 Gohpur, Dist. Sonitpur, Assam, PIN-784168; 5) Sri. Hiranya Borthakur, age 53 years, S/o- Late Suresh Chandra Borthakur, In-charge Principal, Sahid Mukanda Kakati Higher School, presently serving as I/C Principal of Pratabgarh Tea Estate Model School, Biswanath, R/o 17A. Erabari, Pub Nabapur, Biswanath Town, Dist. Biswanath, Assam, PIN-784176 “ 7] This interlocutory application stands allowed and disposed of. 8] The petitioners in WP(C) No.2695/2025 will file amended cause title in WP(C) No.2695/2025 within a period of one week from today. JUDGE Comparing Assistant