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2026 DAILYLAW 16231 (GAU)

GITABALI SINGHA AND ANR v. THE UNION OF INDIA AND 6 ORS.

I.A.(Civil)/2030/2023 · 2026-10-07

Soumitra Saikia

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/8 GAHC010026022023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/687/2023 GITABALI SINGHA AND ANR M/O MISS KH. DEEPIKA SINGHA, R/O- SWAMIJI ROAD, ITAKHOLA, MANIPURI PARA, P.O. SILCHAR, P.S. SILCHAR (SADAR), DIST.- SILCHAR, PIN- 788001 2: MISS KH. DEEPIKA SINGHA (MINOR) D/O MRS. GITABALI SINGHA R/O- SWAMIJI ROAD ITAKHOLA MANIPURI PARA P.O. SILCHAR P.S. SILCHAR (SADAR) DIST.- SILCHAR PIN- 78800 VERSUS THE UNION OF INDIA AND 4 ORS REP. BY THE SECRETARY, MINISTRY OF DEFENCE, ROOM NO. 234, SOUTH BLOCK, MINISTRY OF DEFENCE, NEW DELHI, PIN- 110011 2:THE SAINIK SCHOOLS SOCIETY ROOM NO. 101 D-1 WING SENA BHAWAN NEW DELHI PIN- 110011 3:THE PRINCIPAL SAINIK SCHOOL GOALPARA P.O. RAJAPARA DIST.- GOALPARA PIN- 783133 Page No.# 2/8 4:THE VICE PRINCIPAL SAINIK SCHOOL GOALPARA P.O. RAJAPARA DIST.- GOALPARA PIN- 783133 5:THE SCHOOL COMMITTEE ON DISCIPLINE SAINIK SCHOOL GOALPARA P.O. RAJAPARA DIST.- GOALPARA PIN- 783133 REP. BY THE PRINCIPA Advocate for the Petitioner : MR. A K BARUAH, MR A DAS,MR. N MAHAJAN Advocate for the Respondent : DY.S.G.I., MRS. A GAYAN (R1 TO 3),MS. M BARMAN, AMICUS CURIAE,MS. B BHUYAN, AMICUS CURIAE Linked Case : WP(C)/691/2023 MAMONI BARO AND ANR MOTHER OF MASTER JASHANT BORO VILLAGE- KARNACHARA P.O.- HUDUKHATA DIST.- BAKSA PIN- 781318. 2: JASHANT BORO (MINOR) S/O- MRS. MAMONI BORO VILLAGE- KARNACHARA P.O.- HUDUKHATA DIST.- BAKSA Page No.# 3/8 PIN- 781318. VERSUS THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECRETARY MINISTRY OF DEFENCE ROOM NO. 234 SOUTH BLOCK MINISTRY OF DEFENCE NEW DELHI PIN- 110011. 2:THE SAINIK SCHOOLS SOCIETY ROOM NO. 101 D-1 WING SENA BHAWAN NEW DELHI PIN- 110011. 3:THE PRINCIPAL SAINIK SCHOOL GOALPARA P.O.- RAJAPARA DIST.- GOALPARA PIN- 783133. 4:THE VICE PRINCIPAL SAINIK SCHOOL GOALPARA P.O.- RAJAPARA DIST.- GOALPARA PIN- 783133. 5:THE SCHOOL COMMITTE ON DISCIPLINE SANIK SCHOOL GOALPARA P.O.- RAJAPARA DIST.- GOALPARA PIN- 783133 Page No.# 4/8 REPRESENTED BY THE PRINCIPAL. ------------ Advocate for : MR. A K BARUAH Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 4 ORS Linked Case : I.A.(Civil)/2032/2023 MAMONI BARO AND ANR MOTHER OF MASTER JASHANT BORO VILLAGE- KARNACHARA P.O.- HUDUKHATA DIST.- BAKSA PIN- 781318. 2: JASHANT BORO (MINOR) S/O- MRS. MAMONI BORO VILLAGE- KARNACHARA P.O.- HUDUKHATA DIST.- BAKSA PIN- 781318. VERSUS THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECRETARY MINISTRY OF DEFENCE ROOM NO. 234 SOUTH BLOCK MINISTRY OF DEFENCE NEW DELHI PIN- 110011. 2:THE SAINIK SCHOOLS SOCIETY ROOM NO. 101 D-1 WING SENA BHAWAN NEW DELHI Page No.# 5/8 PIN- 110011. 3:THE PRINCIPAL SAINIK SCHOOL GOALPARA P.O.- RAJAPARA DIST.- GOALPARA PIN- 783133. 4:THE VICE PRINCIPAL SAINIK SCHOOL GOALPARA P.O.- RAJAPARA DIST.- GOALPARA PIN- 783133. 5:THE SCHOOL COMMITTE ON DISCIPLINE SANIK SCHOOL GOALPARA P.O.- RAJAPARA DIST.- GOALPARA PIN- 783133 REPRESENTED BY THE PRINCIPAL. ------------ Advocate for : MR. A K BARUAH Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 4 ORS Linked Case : I.A.(Civil)/2030/2023 GITABALI SINGHA AND ANR M/O MISS KH. DEEPIKA SINGHA R/O- SWAMIJI ROAD ITAKHOLA MANIPURI PARA P.O. SILCHAR P.S. SILCHAR (SADAR) DIST.- SILCHAR PIN- 788001 2: MISS KH. DEEPIKA SINGHA (MINOR) D/O MRS. GITABALI SINGHA Page No.# 6/8 R/O- SWAMIJI ROAD ITAKHOLA MANIPURI PARA P.O. SILCHAR P.S. SILCHAR (SADAR) DIST.- SILCHAR PIN- 788001 VERSUS THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY MINISTRY OF DEFENCE ROOM NO. 234 SOUTH BLOCK MINISTRY OF DEFENCE NEW DELHI PIN- 110011 2:THE SAINIK SCHOOLS SOCIETY ROOM NO. 101 D-1 WING SENA BHAWAN NEW DELHI PIN- 110011 3:THE PRINCIPAL SAINIK SCHOOL GOALPARA P.O. RAJAPARA DIST.- GOALPARA PIN- 783133 4:THE VICE PRINCIPAL SAINIK SCHOOL GOALPARA P.O. RAJAPARA DIST.- GOALPARA PIN- 783133 5:THE SCHOOL COMMITTEE ON DISCIPLINE SAINIK SCHOOL GOALPARA P.O. RAJAPARA DIST.- GOALPARA PIN- 783133 REP. BY THE PRINCIPAL ------------ Advocate for : MR. A K BARUAH Page No.# 7/8 Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 08.10 .2026 Heard Mr. A.K. Baruah, learned counsel for the petitioners. Also heard Ms. A. Gayan, learned CGC for the respondents. 2] The petitioners have approached this Court by assailing the transfer certificate dated 06.02.2023, whereby the petitioners were transferred by the authorities of the Sainik School, Goalpara on disciplinary grounds. According to the petitioners, the findings arrived at by the school authorities were unjust, not based on sound reasoning and on facts which are completely disputed. 3] At the time of issuance of notice an interim order was granted by this Court, whereby the Court had passed an order suspending the transfer certificate and permitting the petitioners to resume the classes. Thereafter, the matter came up on several dates, where the interim order stood extended and it is still subsisting. 4] The respondents have contested the matter by filing their affidavits and the petitioners have also filed their rejoinder affidavits. Page No.# 8/8 5] Today when the matter is called up, it is submitted at the bar that during the pendency of the writ petitions, the petitioners have since graduated from the school pursuant to interim order granted by the Court suspending the transfer certificate as well as permitting the petitioners to resume their classes. As on date, none of the petitioners are students of Sainik School, Goalpara. 6] Ms. A. Gayan, learned CGC therefore, submits that the writ petitions have become infructuous and the same may be closed. 7] Mr. A.K. Baruah, learned counsel for the petitioners does not dispute the position on facts. 8] Considering the same, since the transfer certificates issued on 06.02.2023 have since lost its force, no further orders are called for. Accordingly, these writ petitions stand dismissed as infructuous. 9] Interim order, if any, wherever passed earlier stand vacated. 10] Pending Interlocutory Applications are also dismissed. JUDGE Comparing Assistant