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2026 DAILYLAW 14991 (GAU)

SAYRA KHATUN v. THE STATE OF ASSAM AND 5 ORS

WP(C)/2003/2024 · 2026-09-21

Soumitra Saikia

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010071182024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2003/2024 SAYRA KHATUN WIFE OF ASRAF ALI, VILLAGE- MOTIRCHAR, POST OFFICE- HOWRARPAR, DISTRICT- DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM AND 5 ORS THROUGH THE SECRETARY, GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI, ASSAM. 2:THE DIRECTOR CUM DISCIPLINARY AUTHORITY SECONDARY EDUCATION ASSAM GUWAHATI-19. 3:THE DEPUTY COMMISSIONER DHUBRI DISTRICT ASSAM. 4:THE INSPECTOR OF SCHOOLS DHUBRI DISTRICT CIRCLE DHUBRI P.O. AND DISTRICT- DHUBRI ASSAM. AND ALSO TAKING THE CHARGE OF HEADMISTRESS OF MOTIRCHAR HIGH SCHOOL. Page No.# 2/5 5:THE SCHOOL MANAGING COMMITTEE MOTIRCHAR HIGH SCHOOL REPRESENTED BY ITS SECRETARY P.O.- HOWRARPAR DISTRICT- DHUBRI ASSAM PIN- 783324. 6:THE TREASURY OFFICER P.O. AND P.S. DHUBRI ASSAM Advocate for the Petitioner : MRS. M A OZAH, Advocate for the Respondent : , MR. R BORPUJARI (SC, FINANCE),MS. H TERANGPI (SC, SECONDARY EDUCATION),MR. D BORA (GA, ASSSAM), BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 22.09 .2026 Heard Ms. M.A. Ozah, learned counsel for the petitioner. Also heard Mr. U. Sarma, learned counsel for the respondents. 2] This writ petition has been filed by the petitioner putting to challenge the order dated 22.11.2023, whereby the writ petitioner was appointed as a LDA in Motirchar High School in the District of Dhubri placed under suspension. 3] It is the submission of the learned counsel for the petitioner that earlier the writ petitioner had approached this Court along with other similarly situated persons, which came to be dismissed by an order passed by the Co-ordinate Bench of this Court vide order dated 24.07.2018 passed in WP(C) No.6756/2014 Page No.# 3/5 filed by the writ petitioner and other connected writ petitioners. However, notwithstanding the dismissal, the Co-ordinate Bench granted liberty to the petitioners to approach the Educational Tribunal in their respective districts as have been set up in pursuance of the judgment of the Court which rendered in Abdul Gafur Mondal Vs. State of Assam reported in 2015 (2) GLT 337. The petitioner thereafter had approached the Tribunal however, the proceedings filed before the Tribunal being Misc.(Edu.) Case No.05/2018 came to be withdrawn by the petitioner and the Tribunal disposed of the proceeding by order dated 22.12.2022 on withdrawal. 4] It is the submission of the learned counsel for the petitioner that subsequently the petitioner has again filed fresh proceeding before the Educational Tribunal in the District of Dhubri. While the proceedings were pending the impugned order dated 22.11.2023 was issued by the respondent No.3. Being aggrieved the petitioners are before this Court. 5] Pursuant to issuance of notices by this Court, the Department of Secondary Education had filed their affidavit, wherein the corrigendum dated 02.04.2024 is enclosed. By the said corrigendum the Office Order No. E- 405016/35 dated 22.11.2023, which is challenged in the present proceedings was modified to the extent that the order of suspension of the writ petitioner who was an LDA in Motirchar High School stood cancelled. This corrigendum is enclosed as Annexure 2(A) at page No.88 of the affidavit filed by the Department of Secondary Education. The same is extracted below: Page No.# 4/5 GOVT. OF ASSAM OFFICE OF THE DIRECTOR OF SECONDARY EDUCATION, ASSAM, KAHILIPARA, GUWAHATI – 19 No. E-458865/22 CORRIGENDUM In partial modification of this office order No. E-405016/35 dtd. 22/11/2023, the order of suspension of Smti. Sayera Khatun, LDA, LDA of Motirchar High School is hereby cancelled, whose provincialisation of service was withdrawn vide this office order No. PC/CC/229/2013/6 dtd. 03/10/2013 as per the interim order dtd. 16/05/2023 passed by the Hon'ble Court in WP(C) No. 2553/2013 filed by Mahmudul Islam till final disposal of the case and subsequently terminated vide this office order No. PC/CC/229/2013/99 dtd. 19/12/2014 based on report of the District Scrutiny Committee, Dhubri as per the Hon'ble High Court order dtd.30/05/2014 in WP(C) No.2553/2013. Signed by Mamata Hojai Date: 02-04-2024 Director Secondary Education, Assam Kahilipara, Guwahati -19 Memo No.E-458865/22 Copy to: 1. P.S. to the Secretary to the Govt. of Assam, Department of School Education, Dispur, Guwahati-06 for kind information. 2. The Deputy Commissioner, Dhubri District, for kind information. 3. The Inspector of Schools, D.D.C. Dhubri, for information and necessary action. 4. The Treasury Officer, Dhubri/Bilasipara/Hatsingimari/Golakganj. 5. Sayera Khatun, LDA of Motirchar High School, Dist.: Dhubri. 6. The Headmaster of Motirchar High school, Dhubri. E-signed Director, Secondary Education, Assam Kahilipara, Guwahati-19” 6] Upon perusal of the corrigendum it is seen that the grievance of the petitioner in respect of the order dated 22.11.2023, whereby the petitioner was suspended is no longer alive, as by way of the said corrigendum the order of suspension dated 22.11.2023 was cancelled in so far as it relates to the Page No.# 5/5 petitioner. In that view of the matter no further cause survives in this writ petition. Accordingly, this writ petition stands closed and disposed of as not pressed. 7] Interim order, if any, stands vacated. 8] Pending Interlocutory Application, if any also stands dismissed. JUDGE Comparing Assistant