Page No.# 1/4 GAHC010286432025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/306/2026 HARISH CHANDRA ROY S/O.- LATE CHANDRA ROY, VILLAGE KISMAT HASDAHA, P.O. KISMAT HASDAHA, P.S. DHUBRI, DISTRICT- DHUBRI, ASSAM, PIN- 783334. VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION DEPARTMENT (ELEMENTARY), DISPUR, GUWAHATI- 781006, ASSAM. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI -781006 ASSAM. 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019 ASSAM. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI ASSAM. 5:THE EXECUTIVE DIRECTOR Page No.# 2/4 SARBA SIKSHA ABHIYAN (SSA) KAHILIPARA ASSAM PIN -781019. 6:THE DISTRICT SCRUTINY COMMITTEE DHUBRI REPRESENTED BY ITS CHAIRMAN DISTRICT-DHUBRI ASSAM. 7:DILIP KUMAR ROY S/O- PRABHAT CHANDRA ROY VILLAGE- KISMAT HASDAHA PT- II P.O. KISMAT HASDAHA P.S. DHUBRI DISTRICT- DHUBRI ASSAM PIN- 783334 Advocate for the Petitioner : MR. P K DEKA, MR. P DAIMARY,MR. R. KARIM,J MEDHI,R BORAH Advocate for the Respondent : SC, ELEM. EDU, SC, SSA BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 28-01-2026 Heard Mr. P.K. Deka, learned counsel for the petitioner. Also heard Ms. N. Phukan, learned standing counsel, Elementary Education, Assam as well as Mr. S. Bora, SSA, Assam appearing for the respondent No. 5. The petitioner by way of instituting the present proceeding has raised a grievance with regard to the inaction on the part of the respondent in not considering the appeal preferred by the petitioner in terms of the direction passed by this Court vide order dated 10-01-2024 Page No.# 3/4 in W.P.(C) No. 5165/2023. This Court vide the said order dated 10-01-2024 had passed the following directions:- “The Secretary to the Government of Assam, Department of School Education shall now reconsider the appeal preferred by the petitioner in pursuance to the directions passed by this Court vide order dated 25.07.2022 in WP(C) No.4174/2021 and arrive at his conclusion in the matter after examining and verifying the contentions so raised by the petitioner in his said appeal. The Appellate Authority shall also verify the connected records and also provide an opportunity to the petitioner as well as the respondent No.6 of an oral hearing. On conclusion of the said exercise, the Appellate Authority shall pass a speaking order by recording his reason with regard to each and every contention raised by the petitioner in his said appeal and thereafter communicate the same to the petitioner by way of a speaking order. The said exercise be initiated and completed within a period of 2(two) months from the date of receipt of a certified copy of this order along with a copy of the appeal as preferred by the petitioner earlier.” The learned counsel for the petitioner submits that the said direction passed by this Court vide order dated 10-01-2024 was brought to the knowledge of the respondent authorities, however, no action was taken, thereon, requiring the petitioner to again approach this Court by way of instituting the present proceeding. Ms. N. Phukan, learned standing counsel, Elementary Education, Assam submits that the Department of Secondary Education has vide communication dated 28-01-2026, fixed 04- 02-2026 for hearing of the matter in the office chamber of the Secretary, Department of Secondary Education. She submits that on the said hearing being concluded, the Secretary, Department of Secondary Education shall pass a speaking order in compliance with the direction passed by this Court vide order dated 10-01-2024. In view of the said developments and the undertaking that the speaking order in the matter would be passed immediately on conclusion of the hearing now scheduled to be held, this Court is of the view that the present writ petition need not be detained further for Page No.# 4/4 adjudication. Accordingly, this writ petition stands disposed of directing the Secretary to the Govt. of Assam, Secondary Education Department to pass appropriate order(s) after hearing the petitioner in terms of the communication dated 28-01-2026. With the above observation and direction, the present writ petition stands disposed of. JUDGE Comparing Assistant