Page No.# 1/10 GAHC010271702025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7068/2025 ASHOK NARZARY AND 20 ORS S/O OF TITHI RAM NARZARY RESIDENT OF VILLAGE SIMLABARI, P.O. NAYABASTI, P.S BARBARI, DISTRICT BAKSA, ASSAM, PIN 781344 2: SADESA BRAHMA SON OF LOLIT CH. BRAHMA RESIDENT OF VILLAGE AITHAN KOKRAJHAR P.O. GERUA BAZAR P.S ROUTA DISTRICT UDALGURI ASSAM PIN 784514 3: NIJWN BASUMATARY DAUGHTER OF MANJIT BASUMATARY RESIDENT OF VILLAGE KHASIAPATHAR P.O. KHGRABARI P.S. DIMARKUCHI DISTRICT UDALGURI ASSAM 4: PREMESWOR DAIMARY SON OF MOHENDRO DAIMARY RESIDENT OF VILLAGE ROWTA PATHAR P.O. BHALUKMARI P.S. ROWTA DISTRICT UDALGURI ASSAM 5: NIJWM BASUMATARY SON OF CHAKRAMONI BASUMATARY RESIDENT OF VILLAGE DOLORPARA P.O. AND P.S. SERFANGURI DISTRICT KOKRAJHAR ASSAM Page No.# 2/10 6: RANJITA DAIMARI DAUGHTER OF LOKHIRAM DAIMARI RESIDENT OF VILLAGENO.2 BALISITA P.O. AMBAGAON P.S. HARISINGA DISTRICT UDALGURI ASSAM 784510 7: PREETHY BRAHMA DAUGTER OF ANIL BRAHMA RESIDENT OF VILLAGE BHATARMARI PO. AND P.S. SIDILI DISTRICT CHIRANG ASSAM PIN 783373 8: ANIMA BORO DAUGHTER OF BOLI RAM BORO RESIDENT OFVILLAGE-DEWRIGAON P.O.-GERUA BAZAR P.S.- ROWTA DISTRICT- UDALGURI ASSAM PIN- 784514 9: JWNGSAR NARZARY SON OF BHABEN NARZARY RESIDENT OF VILLAGE BANGAON P.O.- BAGANPARA P.S.- BARBARI DISTRICT- BAKSA ASSAM PIN-781344 10: MRITUNJAY NARZARY SON OF AHEN CH. NARZARY RESIDENT OF VILLAGE- SALBARI P.O.- GOSSAINICHINA P.S.- SERFANGURI DISTRICT KOKRAJHAR ASSAM PIN- 783346 11: ALONGBAR BASUMATARY SON OF PULESWAR BASUMATARY RESIDENT OF VILLAGE- GENDERGAON P.O.- KASHIKOTRA P.S- SIDLI DISTRICT- CHIRANG PIN- 783373 12: HOBIBOR BRAHMAN SON OF ABDUL HALIM RESIDENT OF VILLAGE MOKRAM BIL Page No.# 3/10 P.O.- TULSHIBIL P.S- GOSSAIGAON DISTRICT- KOKRAJHAR ASSAM PIN- 783337 13: SWMDWN BASUMATARY SON OF JATIRAM BASUMATARY RESIDENT OF VILLAGE- GERUA AGONGJHAR P.O.- GERUA BAZAR P.S.- ROWTA DISTRICT- UDALGURI ASSAM PIN- 784514 14: ARKILA BASUMATARY DAUGHTER OF NIBARAN BASUMATARY RESIDENT OF JHARNAGAON P.O. BARNAGAON P.S. UDALGURI DISTRICT UDALGURI ASSAM PIN 784509 15: MANIK BARO SON OF TARUN BARO RESIDENT OF VILLAGE ADLA P.O. BAGANPARA P.S BARBARI DISTRICT BAKSA ASSAM PIN 781344 16: ANSUMAI BASUMATARI DAUGHTER OF SIMON BASUMATARI RESIDENT OF VILLAGE DHUPGURI P.O. SASTRAPARA P.S. HARISINGA DISTRICT UDALGURI ASSAM PIN 784510 17: RAMKUMAR BISWAS SON OF KUILAK CHANDRA BISWAS RESIDENT OF VILLAGE. NO.1 BAGARIKHUTI P.O.BAGARIKHUTI P.S. TAMULPUR DISTRICT TAMULPUR ASSAM PIN. 781368 18: RAM KRISHNA SUTRADHAR Page No.# 4/10 SON OF NARAYAN SUTRADHAR RESIDENT OF KUMBHIJHAR P.O. NAGRIJULI P.S. TAMULPUR ASSAM PIN.781368 19: PREONA DAIMARI DAUGHTER OF ELISON DAIMARI RESIEDENT OF VILLAGE BATABARI P.O. KABIRALI P.S. KALAIGAON DISTRICT UDALGURI ASSAM PIN 784525 20: BIJIT BASUMATARY SON OF NOMEL BASUMATARY RESIDENT OF VILLAGE THAIGIRGURI P.O. HALTUGAON P.S. KOKRAJHAR DISTRICT KOKRAJHAR ASSAM PIN 783370 21: MIAR UDDIN AHMED SON OF HAZRAT ALI RESIDENT OF VILLAGE TENGNERVITA PT.1 P.O. TUSHIBIL P.S. GOSSAIGAON DISTRICT. KOKRAJHAR ASSAM PIN 78333 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY COMMISSIONER AND SECY. TO THE GOVT .OF ASSAM, EDUCATION, SECONDARY DEPTT., GUWAHATI 781006 2:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI 781019 ASSAM. 3:NATIONAL INSTITUTE OF OPEN SCHOOLING A24-25 INSTITUTIONAL AREA Page No.# 5/10 SECTOR 62 NOIDA DIST. GAUTAM BUDH NAGR UTTAR PRADESH 201309 4:THE MISSION DIRECTOR SAMAGRA SHIKSHA AXOM KAHILIPARA GUWAHATI PIN 781019 ASSAM. 5:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR STATION ROAD KOKRAJHAR PIN 783370 ASSAM Advocate for the Petitioner : MR K K MAHANTA (Sr. Advocate), MR S GAUTAM,MR. K M MAHANTA Advocate for the Respondent : SC, SEC. EDU., MS. R B BORA(R3),SC, SEC. EDU.,SC, BTC,SC, ELEM. EDU,SC, SSA,SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 17.09 .2026 Heard Mr. Mr. K.K. Mahanta, learned Senior Counsel assisted by Mr. K.M. Mahanta, learned counsel for the petitioner. Also heard Mr. A.K. Bhuyan, learned Senior Standing Counsel, BTC assisted by Mr. N.R. Sarma, learned counsel for the respondent BTC; Mr. B. Gogoi, learned Addl. Advocate General for the respondent No.4; Mr. A. Phukan, learned counsel for the respondents Nos. 1 and 2; Ms. R.B. Bora, learned counsel for the respondent No.3; Ms. H. Terangpi, learned counsel for the respondent No.1. Page No.# 6/10 2] This writ petition has been filed by the writ petitioners who are all permanent residents within the BTR region of Assam and they possess all required qualification of education necessary to hold the post of Teacher in the Lower and Upper Primary School of Assam. The petitioners in response to the advertisement dated 20.06.2025 submitted their candidature for their selection and appointment to the post of Assistant Teacher in the schools of Assam. According to the writ petitioners as per notification dated 17.06.2025 which was issued by the Directorate of Elementary Education in pursuance to the judgment of the Apex Court dated 10.12.2024 passed in Review Petition of 2024 in Civil Appeal No.7872/2023 the list of testimonials and documents were notified. 3] According to the petitioners they fulfilled all the criteria notified. However, while they had approached the authorities concerned during the recruitment process for verification of their testimonials, they were orally communicated that the UDISE in respect of the writ petitioners are not available from 2017 onwards. Apprehending that they will not get selected in the process, they approached this Court by filing this writ petition. 4] This Court on 20.01.2026 while issuing notice had issued an interim direction not to make appointments to the post of Assistant Teacher in terms of the 02(two) advertisements dated 20.06.2025, which are enclosed as Annexure 2 & 3 in the writ petition. This interim order was extended subsequently and is subsisting till today. 5] The pleadings are exchanged in this matter. Page No.# 7/10 6] Mr. K.K. Mahanta, learned Senior Counsel submits that the writ petitioners fulfilled all the criteria necessary, more particularly the criteria prescribed in Clause 1F. 7] It is submitted that the UDISE is maintained by the SSA and their names appeared prior to 10.08.2017. The respondent NIOS has also filed an affidavit stating that the petitioners have obtained their diplomas from the NIOS. 8] The respondent BTC Authorities submitted that as on date no final order has been passed and there is no official notification from the BTC Authority by stating that the petitioners do not fulfill the condition mentioned in the notification dated 17.06.2025. 9] According to the Mr. B. Gogoi, learned Addl. Advocate General appearing for the SSA submits that as per the affidavit filed, the petitioners’ name appeared in the UDISE from 2018-2019. 10] Mr. K.K. Mahanta, learned Senior Counsel for the petitioners on the other hand submits that the records are maintained in the year 2018-2019 but it reflects that they were in service prior to 10.08.2017. The learned Senior Counsel neither submits that the notification dated 17.06.2025 is under challenge in the present writ petition, nor he is aggrieved by any of the conditions. The ground for filing the present writ petition is that there was information communicated to the petitioners that their names are not available in the UDISE records as per Clause 1F and apprehending that their cases will be rejected the present writ petition has been filed. Page No.# 8/10 11] Having heard the learned counsel for the parties and upon careful perusal of the pleadings available on record it is necessary to refer the notification dated 17.06.2025 which reads as under: “GOVERRNMENT OF ASSAM DIRECTORATE OF ELEMENTARY EDUCATION, ASSAM KAHILIPARA GUWAHATI-19 Website: https://dee.assam.gov.in No.EAA/SIU/36/2025/3 Dated Kahilipara, the 17th June, 2025 In view of the Judgement of Hon'ble Supreme Court of India, passed on dtd. 10-12-2024 in Review Petition of 2024 in Civil Appeal No. 7872/2023 in the case of Viswanath and others - Vs-State of Uttarakhand, the applicants who have successfully submitted their online applications with 18 Months D.El.Ed. from NIOS against the Advertisement dtd. 26-12-2023 are hereby asked to attend the 2nd Phase of Physical Document Verification in due course of time when notified with the following documents in originals and one photocopy set of all documents for the proof of IN SERVICE TEACHER as on 10-08-2017. LIST OF TESTIMONIALS/DOCUMENTS: 1. Paper related to proof of "IN SERVICE" as on 10.08.2017 viz – a) Appointment Letter & Accepted Joining Report of the applicant. b) Minutes of the School Managing Committee (SMC) of the school in respect of appointment of the applicant concerned. c) Photocopy of the Attendance Register of the school during the Service period of the applicant duly countersigned by the Head of the Institutions. d) Certificate issued by the school authority, specifying the service of the applicant in the school as on 10.08.2017. e) Salary Statements stating the Pay Band, Basic Pay, DA and other allowances of the applicant for the entire service period. f) UDISE records as a proof that the applicant was in service as of 10/08/2017. 2. Admission Records / Admission Slip of D.El.Ed course through NIOS. Page No.# 9/10 3. 18 months D.El.Ed. Certificates and Mark Sheet through NIOS of the applicant (completed before 01.04.2019) Sd/- Suranjana Senapati, ACS Director, Elementary Education, Assam Kahilipara, Guwahati-19” 12] The submissions made by the learned counsel for the parties have been duly considered. Since the BTC Authorities have clearly submitted before the Court that as on date no final order has been passed rejecting the candidature of the writ petitioners however, in view of the interim order passed by the Court the selection process undertaken in terms of the two advertisements are suspended and as a consequence thereof, the BTC Authority has not able to appoint the Teachers, at this stage the BTC Authority may be permitted to proceed with the recruitment process as per the norms and the interim be modified to that extent. The apprehension expressed by the writ petitioners is only on the basis that oral information was communicated to them that they do not fulfill Clause 1F of the said notification or that their names do not appear in the UDISE Code prior to 10.08.2017. 13] The respondent SSA has made a submission before the Court that the names of the writ petitioners are available in UDISE record maintained for the year 2018-2019 and onwards, this Court is also of the considered view that there is no list pending before the Court to decide whether the names of the petitioners were maintained by the SSA as claimed w.e.f. 2017-2018 has been correctly done, therefore, at this stage it is not necessary for the Court to return in a finding that whether the names maintained by the SSA as claimed w.e.f. 2018-2019 was correctly maintained. The petitioners are also not opposed to Page No.# 10/10 the selection and recruitment process undertaken and not aggrieved by the conditions prescribed by the notification dated 17.06.2025. The only apprehension expressed is that their names do not appear in the UDISE prior to 10.08.2017 and which the petitioners consistently have pleaded before the Court that their names are needed to appear in the record. Under such circumstances this Court is of the view that this writ petition can be closed at this stage permitting the BTC Authorities to proceed with the selection and recruitment process undertaken by advertisements dated 20.06.2025 in terms of the procedure prescribed and also considering the cases of the writ petitioners by examining all the records available including the claims of the writ petitioners that the UDISE records maintained by the authority reflect the names of the writ petitioners to be in service prior to 10.08.2017. The BTC authorities will expeditiously conclude the selection and recruitment process and thereupon pass appropriate orders. Any orders that are passed should be published in the newspapers as well as in the website. Needless to say, if the petitioners are aggrieved in the event of their non selection in the recruitment process undertaken they are at liberty to approach this Court. Accordingly, this writ petition stands disposed of. 14] Interim order dated 20.01.2026 stands vacated. 15] Pending Interlocutory Application, if any also disposed of. JUDGE Comparing Assistant